MISC CIVIL CAUSE NO

MISC CIVIL CAUSE NO

The High Court lacks jurisdiction to entertain a constitutional petition challenging municipal by-laws when other adequate means of redress, such as judicial review, are available under law. Section 8(2) of BRADEA acts as a bar to such petitions, regardless of whether the challenge is to the substance or procedure of the by-laws.

Citation
MISC CIVIL CAUSE NO
Parties
Petitioner: Kusekwa Melicki Kazimoto; 1st Respondent: The Honourable Attorney General; 2nd Respondent: Minister of State in the President’s Office (Regional Administration and Local Government); 3rd Respondent: Ilala Municipal Director
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome
Petition struck out for want of jurisdiction due to existence of other adequate remedies.
Legal Topics
Challenge to Municipal by Laws, Access to Constitutional Remedies, Judicial Review, Disability Rights, Delegated Legislation
Source Language
English
Constitutional Law Administrative Law Human Rights Challenge to Municipal by Laws Access to Constitutional Remedies Judicial Review Disability Rights Delegated Legislation

Case Brief

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Parties

Kusekwa Melicki Kazimoto

Petitioner

The Honourable Attorney General

1st Respondent

Minister of State in the President’s Office (Regional Administration and Local Government)

2nd Respondent

Ilala Municipal Director

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a constitutional petition challenging municipal by-laws when other remedies exist under law
  2. 2 Whether section 8(2) of the Basic Rights and Duties Enforcement Act bars the petition
  3. 3 Whether the impugned by-laws violate constitutional rights

Ratio Decidendi

The High Court lacks jurisdiction to entertain a constitutional petition challenging municipal by-laws when other adequate means of redress, such as judicial review, are available under law. Section 8(2) of BRADEA acts as a bar to such petitions, regardless of whether the challenge is to the substance or procedure of the by-laws.

Court Disposition

Petition struck out for want of jurisdiction due to existence of other adequate remedies.

Orders

  • Petition struck out
  • No order as to costs