20150420 TZHC Dar es Salaam

The application was dismissed for being brought under the wrong enabling provision and for being filed out of time, contrary to the mandatory statutory requirements.

Citation: 20150420 TZHC Dar es Salaam
Parties: Applicant: Caroli Nkunga; 1st Respondent: Commissioner General of Prisons; 2nd Respondent: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 April 2015
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome: Application dismissed
Legal Topics: Prerogative Orders, Mandamus, Prohibition, Limitation of Actions, Wrong Citation of Law
Source Language: English

Administrative Law Civil Procedure Prerogative Orders Mandamus Prohibition Limitation of Actions Wrong Citation of Law

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Parties

Caroli Nkunga

Applicant

Commissioner General of Prisons

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the application was brought under the correct enabling provision of law
2 Whether the application is time barred

Ratio Decidendi

The application was dismissed for being brought under the wrong enabling provision and for being filed out of time, contrary to the mandatory statutory requirements.

Court Disposition

Application dismissed

Orders

Application dismissed under Section 3(1) of the Law of Limitation Act Cap 89 R.E 2002
Preliminary objection upheld