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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the Tanganyika Law Society is a public body amenable to judicial review
- 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
Full Case Text
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