caroline lucas mwakabungu vs regional commissioner of iringa and others 2023 tzhc 16549 31 march 2023

caroline lucas mwakabungu vs regional commissioner of iringa and others 2023 tzhc 16549 31 march 2023

The application was improperly filed as a normal civil suit against an administrative order; the proper remedy was judicial review, not a Mareva injunction pending a 90 days' notice; there was no legal impediment preventing the applicant from filing for judicial review; thus, the application is struck out for being filed in the wrong forum.

Citation
caroline lucas mwakabungu vs regional commissioner of iringa and others 2023 tzhc 16549 31 march 2023
Parties
Applicant: Caroline Lucas Mwakabungu; 1st Respondent: Regional Commissioner of Iringa; 2nd Respondent: Permanent Secretary Regional and Local Government Authorities; 3rd Respondent: The Attorney General; 4th Respondent: Solicitor General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Mareva Injunction, Judicial Review, Jurisdiction, Government Proceedings, Ultra Vires Actions
Source Language
English
Administrative Law Civil Procedure Mareva Injunction Judicial Review Jurisdiction Government Proceedings Ultra Vires Actions

Case Brief

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Parties

Caroline Lucas Mwakabungu

Applicant

Regional Commissioner of Iringa

1st Respondent

Permanent Secretary Regional and Local Government Authorities

2nd Respondent

The Attorney General

3rd Respondent

Solicitor General

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant Mareva injunction pending maturity of 90 days' notice to sue when the dispute concerns an administrative order
  2. 2 Whether the application was properly filed as a normal civil suit or should have been a judicial review

Ratio Decidendi

The application was improperly filed as a normal civil suit against an administrative order; the proper remedy was judicial review, not a Mareva injunction pending a 90 days' notice; there was no legal impediment preventing the applicant from filing for judicial review; thus, the application is struck out for being filed in the wrong forum.

Court Disposition

Application struck out

Orders

  • Application struck out for being filed in the wrong court
  • No order as to costs