odera charles odero vs director of public prosecutions and another 2021 tzhc 7388 17 november 2021

odera charles odero vs director of public prosecutions and another 2021 tzhc 7388 17 november 2021

The High Court has jurisdiction under Article 108(2) of the Constitution to entertain petitions challenging constitutional provisions not covered by Cap 3, and the preliminary objections based on non-compliance with Cap 3 are misconceived and must fail.

Citation
odera charles odero vs director of public prosecutions and another 2021 tzhc 7388 17 november 2021
Parties
Petitioner: Odero Charles Odero; 1st Respondent: Director of Public Prosecutions; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 November 2021
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Jurisdiction of High Court, Constitutional Petitions, Procedural Law Applicability, Preliminary Objections
Source Language
English
Constitutional Law Civil Procedure Jurisdiction of High Court Constitutional Petitions Procedural Law Applicability Preliminary Objections

Case Brief

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Parties

Odero Charles Odero

Petitioner

Director of Public Prosecutions

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has jurisdiction under Article 108(2) of the Constitution to entertain a petition challenging powers under Article 59B when no statutory procedure exists
  2. 2 Whether Cap 3 applies to petitions not based on Articles 12 to 29 of the Constitution
  3. 3 Whether failure to comply with Cap 3 renders the petition incompetent

Ratio Decidendi

The High Court has jurisdiction under Article 108(2) of the Constitution to entertain petitions challenging constitutional provisions not covered by Cap 3, and the preliminary objections based on non-compliance with Cap 3 are misconceived and must fail.

Court Disposition

Preliminary objections dismissed

Orders

  • All preliminary objections are dismissed.
  • Costs to follow the event.