burhan abdallah shaban vs attorney general another 2022 tzhc 53 27 january 2022

The application was incompetent due to being wrongly titled and filed as 'District Registry' instead of 'Main Registry', which is a mandatory requirement for such applications; this error is not curable by the overriding objective principle or by administrative correction after filing.

Citation: burhan abdallah shaban vs attorney general another 2022 tzhc 53 27 january 2022
Parties: Applicant: Burhan Abdallah Shaban; 1st Respondent: Attorney General; 2nd Respondent: Ministry of Agriculture
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 January 2022
Procedural Posture: Application for Leave to Apply for Prerogative Orders of Certiorari and Mandamus / Ruling on Preliminary Objection
Outcome: Application struck out
Legal Topics: Jurisdiction, Registry Procedure, Prerogative Orders, Judicial Review Procedure
Source Language: English

Administrative Law Judicial Review Jurisdiction Registry Procedure Prerogative Orders Judicial Review Procedure

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Parties

Burhan Abdallah Shaban

Applicant

Attorney General

1st Respondent

Ministry of Agriculture

2nd Respondent

Procedural Posture

Application for Leave to Apply for Prerogative Orders of Certiorari and Mandamus / Ruling on Preliminary Objection

Legal Issues

1 Whether the application is properly before the court due to incorrect registry titling
2 Whether the High Court Main Registry has jurisdiction over the matter

Ratio Decidendi

Court Disposition

Application struck out

Orders

The application is struck out for being incompetent due to improper titling of the registry.
No order as to costs.