cheavo juma mshana vs tanapa and 2 others 2021 tzhc 2254 18 february 2021

cheavo juma mshana vs tanapa and 2 others 2021 tzhc 2254 18 february 2021

The applicant demonstrated sufficient interest and an arguable case for leave to apply for prerogative orders, as the facts alleged, if true, would justify judicial review; leave is granted to file substantive application.

Citation
cheavo juma mshana vs tanapa and 2 others 2021 tzhc 2254 18 february 2021
Parties
Applicant: Cheavo Juma Mshana; 1st Respondent: Board of Trustee of Tanzania National Parks; 2nd Respondent: Honourable Attorney General; 3rd Respondent: Christopher Mahende
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 February 2021
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Leave for Judicial Review
Outcome
Leave granted to applicant to apply for orders of Prohibition, Certiorari and Mandamus; no order as to costs.
Legal Topics
Leave for Judicial Review, Prerogative Orders, Compounding Offences, Natural Justice
Source Language
English
Administrative Law Judicial Review Leave for Judicial Review Prerogative Orders Compounding Offences Natural Justice

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Parties

Cheavo Juma Mshana

Applicant

Board of Trustee of Tanzania National Parks

1st Respondent

Honourable Attorney General

2nd Respondent

Christopher Mahende

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Leave for Judicial Review

Legal Issues

  1. 1 Whether the applicant has established grounds for leave to apply for orders of Prohibition, Certiorari and Mandamus
  2. 2 Whether the compounding process and fine imposed were lawful

Ratio Decidendi

The applicant demonstrated sufficient interest and an arguable case for leave to apply for prerogative orders, as the facts alleged, if true, would justify judicial review; leave is granted to file substantive application.

Court Disposition

Leave granted to applicant to apply for orders of Prohibition, Certiorari and Mandamus; no order as to costs.

Orders

  • Applicant granted leave to file substantive application for prerogative orders
  • No order as to costs