onesmo mpinzile vs tanganyika law society another 2017 tzhc 2038 16 march 2017

onesmo mpinzile vs tanganyika law society another 2017 tzhc 2038 16 march 2017

The petition was struck out because the petitioner failed to establish locus standi, the supporting affidavit was defective for containing arguments and legal conclusions, and the petitioner did not exhaust adequate alternative remedies, specifically judicial review, before approaching the court.

Citation
onesmo mpinzile vs tanganyika law society another 2017 tzhc 2038 16 march 2017
Parties
Petitioner: Onesmo Mpinzile; First Respondent: Tanganyika Law Society; Second Respondent: Attorney General of the United Republic of Tanzania
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 March 2017
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objections
Outcome
petition struck out as incompetent
Legal Topics
Locus Standi, Alternative Remedies, Defective Affidavits, Judicial Review, Constitutionality of Statutes, Professional Associations
Source Language
English
Constitutional Law Administrative Law Civil Procedure Locus Standi Alternative Remedies Defective Affidavits Judicial Review Constitutionality of Statutes +1 more

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Parties

Onesmo Mpinzile

Petitioner

Tanganyika Law Society

First Respondent

Attorney General of the United Republic of Tanzania

Second Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petitioner has locus standi to bring the petition against the first respondent
  2. 2 Whether the supporting affidavit is defective for containing arguments, opinions, and conclusions
  3. 3 Whether the petitioner failed to exhaust adequate alternative remedies before approaching the court

Ratio Decidendi

The petition was struck out because the petitioner failed to establish locus standi, the supporting affidavit was defective for containing arguments and legal conclusions, and the petitioner did not exhaust adequate alternative remedies, specifically judicial review, before approaching the court.

Court Disposition

petition struck out as incompetent