joram meagie lukumay vs minister of constitutional and legal affairs and another 2021 tzhc 7348 17 november 2021

joram meagie lukumay vs minister of constitutional and legal affairs and another 2021 tzhc 7348 17 november 2021

The petition is incompetent as the petitioner failed to exhaust available remedies before approaching the constitutional court, as evidenced by his own pleadings and supported by statutory and case law requirements.

Citation
joram meagie lukumay vs minister of constitutional and legal affairs and another 2021 tzhc 7348 17 november 2021
Parties
Petitioner: Joram Meagie Lukumay; 1st Respondent: Minister of Constitutional and Legal Affairs; 2nd Respondent: Honorable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 November 2021
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome
petition struck out
Legal Topics
Constitutionality of Statutory Provisions, Exhaustion of Remedies, Judicial Review, Powers of Minister, Access to Justice
Source Language
English
Constitutional Law Administrative Law Constitutionality of Statutory Provisions Exhaustion of Remedies Judicial Review Powers of Minister Access to Justice

Case Brief

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Parties

Joram Meagie Lukumay

Petitioner

Minister of Constitutional and Legal Affairs

1st Respondent

Honorable Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether section 44(1) of the Law of Limitation Act (Cap 89 R.E 2019) is unconstitutional for offending Articles 12(1), 13(1)-(4), 13(6)(a), and 26(1) of the Constitution of Tanzania
  2. 2 Whether the petitioner failed to exhaust available remedies before approaching the constitutional court
  3. 3 Whether the petition is frivolous and vexatious

Ratio Decidendi

The petition is incompetent as the petitioner failed to exhaust available remedies before approaching the constitutional court, as evidenced by his own pleadings and supported by statutory and case law requirements.

Court Disposition

petition struck out

Orders

  • Petitioner to exhaust available remedies for challenging powers of Minister of Constitutional and Legal Affairs before approaching constitutional court.
  • Each party to bear its own costs.