henry mwisongo vs chief defence force and others 2020 tzhc 3361 23 october 2020

henry mwisongo vs chief defence force and others 2020 tzhc 3361 23 october 2020

The court lacks jurisdiction as the applicant failed to exhaust mandatory local remedies under the National Defence Act and its regulations before seeking judicial review. The application is incompetent and must be struck out.

Citation
henry mwisongo vs chief defence force and others 2020 tzhc 3361 23 october 2020
Parties
Applicant: Henry Mwisongo; 1st Respondent: Chief Defence Force; 2nd Respondent: The Permanent Secretary, Ministry of Defence; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections and Application for Extension of Time
Outcome
Application struck out for want of jurisdiction and failure to exhaust local remedies.
Legal Topics
Judicial Review, Extension of Time, Exhaustion of Remedies, Jurisdiction
Source Language
English
Administrative Law Civil Procedure Judicial Review Extension of Time Exhaustion of Remedies Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Henry Mwisongo

Applicant

Chief Defence Force

1st Respondent

The Permanent Secretary, Ministry of Defence

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections and Application for Extension of Time

Legal Issues

  1. 1 Whether the court has jurisdiction where local remedies under the National Defence Act were not exhausted
  2. 2 Whether the application for extension of time to seek leave for judicial review is competent

Ratio Decidendi

The court lacks jurisdiction as the applicant failed to exhaust mandatory local remedies under the National Defence Act and its regulations before seeking judicial review. The application is incompetent and must be struck out.

Court Disposition

Application struck out for want of jurisdiction and failure to exhaust local remedies.

Orders

  • Application struck out forthwith.
  • No order as to costs due to legal aid certificate.