cletus keneth mwenda vs commissioner general of tanzania immigration service department 2 others 2021 tzhc 9464 10 december 2021

cletus keneth mwenda vs commissioner general of tanzania immigration service department 2 others 2021 tzhc 9464 10 december 2021

The application was struck out because the applicant failed to exhaust the available administrative remedy of appeal to the Commissioner General of Immigration as required by Regulation 58(13) of the Immigration Service (Administration) Regulations, GN No. 473 of 2018, and did not demonstrate that such remedy was unavailable or ineffective.

Citation
cletus keneth mwenda vs commissioner general of tanzania immigration service department 2 others 2021 tzhc 9464 10 december 2021
Parties
Applicant: Cletus Keneth Mwenda; 1st Respondent: Commissioner General of Tanzania Immigration Services Department; 2nd Respondent: Regional Immigration Officer of Tanzania Immigration Services Department, Mbeya Region; 3rd Respondent: Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2021
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
Application struck out
Legal Topics
Judicial Review, Exhaustion of Remedies, Verification of Pleadings, Termination of Employment
Source Language
English
Administrative Law Employment Law Judicial Review Exhaustion of Remedies Verification of Pleadings Termination of Employment

Case Brief

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Parties

Cletus Keneth Mwenda

Applicant

Commissioner General of Tanzania Immigration Services Department

1st Respondent

Regional Immigration Officer of Tanzania Immigration Services Department, Mbeya Region

2nd Respondent

Honourable Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicant failed to exhaust available administrative remedies before seeking judicial review
  2. 2 Whether the applicant's statement was incurably defective for containing a defective verification clause

Ratio Decidendi

The application was struck out because the applicant failed to exhaust the available administrative remedy of appeal to the Commissioner General of Immigration as required by Regulation 58(13) of the Immigration Service (Administration) Regulations, GN No. 473 of 2018, and did not demonstrate that such remedy was unavailable or ineffective.

Court Disposition

Application struck out

Orders

  • Application is struck out for failure to exhaust available administrative remedies.
  • No order as to costs.