francis kwilabya stolla vs the tanganyika law society another 2008 tzca 16 12 march 2008

francis kwilabya stolla vs the tanganyika law society another 2008 tzca 16 12 march 2008

The Tanganyika Law Society is a statutory body exercising public functions and is therefore amenable to judicial review; it is not necessary for the statute to expressly compel the body to act judicially for judicial review to be available.

Citation
francis kwilabya stolla vs the tanganyika law society another 2008 tzca 16 12 march 2008
Parties
Applicant: Francis Kwilabya Stolla; 1st Respondent: Tanganyika Law Society; 2nd Respondent: Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 March 2008
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Amenability to Judicial Review, Statutory Bodies, Public Law Remedies
Source Language
English

Case Brief

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Parties

Francis Kwilabya Stolla

Applicant

Tanganyika Law Society

1st Respondent

Hon. Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

  1. 1 Whether the Tanganyika Law Society is a public body amenable to judicial review
  2. 2 Whether the application is untenable and an abuse of court process

Ratio Decidendi

The Tanganyika Law Society is a statutory body exercising public functions and is therefore amenable to judicial review; it is not necessary for the statute to expressly compel the body to act judicially for judicial review to be available.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicant