laurent rugambwa vs tanzania red cross society and another 2014 tzhc 2183 26 march 2014

laurent rugambwa vs tanzania red cross society and another 2014 tzhc 2183 26 march 2014

The Tanzania Red Cross Society's election decisions are private in nature, arising from its Constitution as a private arrangement between the Society and its members, and do not constitute governmental functions or public law consequences; therefore, public law remedies such as certiorari and prohibition are not available.

Citation
laurent rugambwa vs tanzania red cross society and another 2014 tzhc 2183 26 march 2014
Parties
Applicant: Laurean Rugambwa; 1st Respondent: Tanzania Red Cross Society; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 March 2014
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
petition struck out with costs to respondents
Legal Topics
Judicial Review, Public Vs Private Law, Natural Justice, Statutory Bodies
Source Language
English
Administrative Law Constitutional Law Judicial Review Public Vs Private Law Natural Justice Statutory Bodies

Case Brief

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Parties

Laurean Rugambwa

Applicant

Tanzania Red Cross Society

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether Tanzania Red Cross Society's election decisions are subject to judicial review as public law remedies
  2. 2 Whether the Society's Constitution creates public law duties
  3. 3 Whether breach of natural justice in Society's elections is actionable under public law

Ratio Decidendi

The Tanzania Red Cross Society's election decisions are private in nature, arising from its Constitution as a private arrangement between the Society and its members, and do not constitute governmental functions or public law consequences; therefore, public law remedies such as certiorari and prohibition are not available.

Court Disposition

petition struck out with costs to respondents

Orders

  • petition struck out
  • costs awarded to respondents