20171025 TZHC Dar es Salaam

20171025 TZHC Dar es Salaam

The application was struck out for incompetence due to wrong citation of the enabling provision; Rule 8(1) is procedural and does not confer substantive power, which must be cited from Section 17(2) of Cap. 310.

Citation
20171025 TZHC Dar es Salaam
Parties
Applicant: Franklin Frederick Sumaye; 1st Respondent: Authorized Land Officer, Kinondoni Municipal Council; 2nd Respondent: Ministry of Lands, Housing and Human Settlements Development; 3rd Respondent: Hon. The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Judicial Review, Certiorari, Mandamus, Prohibition, Wrong Citation of Enabling Provision, Exhaustion of Remedies, Service of Process
Source Language
English
Administrative Law Civil Procedure Judicial Review Certiorari Mandamus Prohibition Wrong Citation of Enabling Provision Exhaustion of Remedies +1 more

Case Brief

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Parties

Franklin Frederick Sumaye

Applicant

Authorized Land Officer, Kinondoni Municipal Council

1st Respondent

Ministry of Lands, Housing and Human Settlements Development

2nd Respondent

Hon. The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent for wrong citation of enabling provision
  2. 2 Whether the applicant failed to exhaust available remedies
  3. 3 Whether there is a decision capable of being challenged by certiorari

Ratio Decidendi

The application was struck out for incompetence due to wrong citation of the enabling provision; Rule 8(1) is procedural and does not confer substantive power, which must be cited from Section 17(2) of Cap. 310.

Court Disposition

Application struck out with costs

Orders

  • Application struck out for wrong citation of enabling provision
  • Costs awarded to respondents