sioi graham solomon vs icbc standard bank plc others 2023 tzhc 19121 10 july 2023

sioi graham solomon vs icbc standard bank plc others 2023 tzhc 19121 10 july 2023

The petitioner failed to demonstrate how the alleged contravention of constitutional provisions affected him personally, as required by section 4(1) and (2) of BRADEA and Article 30(3) of the Constitution. The petition did not meet the statutory requirements for locus standi, and the reliefs sought could not be granted in this forum. The preliminary objection on locus standi was sustained and the petition dismissed.

Citation
sioi graham solomon vs icbc standard bank plc others 2023 tzhc 19121 10 july 2023
Parties
Petitioner: Sioi Graham Solomon; 1st Respondent: ICBC Standard Bank PLC (Formally known as Standard Bank PLC); 2nd Respondent: Stanbic Bank Tanzania Limited; 3rd Respondent: The Minister of Finance and Planning; 4th Respondent: The Attorney General of United Republic of Tanzania; 5th Respondent: The Attorney General of the United Kingdom; 6th Respondent: Chief Secretary to Her Majesty's Treasury (HM Treasury); 7th Respondent: The Director of the Serious Fraud Office (SFO)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 July 2023
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objections
Outcome
Petition dismissed for lack of locus standi.
Legal Topics
Locus Standi, Public Interest Litigation, Enforcement of Constitutional Rights, Voidable Contracts
Source Language
English
Constitutional Law Civil Procedure Locus Standi Public Interest Litigation Enforcement of Constitutional Rights Voidable Contracts

Case Brief

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Parties

Sioi Graham Solomon

Petitioner

ICBC Standard Bank PLC (Formally known as Standard Bank PLC)

1st Respondent

Stanbic Bank Tanzania Limited

2nd Respondent

The Minister of Finance and Planning

3rd Respondent

The Attorney General of United Republic of Tanzania

4th Respondent

The Attorney General of the United Kingdom

5th Respondent

Chief Secretary to Her Majesty's Treasury (HM Treasury)

6th Respondent

The Director of the Serious Fraud Office (SFO)

7th Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petitioner has locus standi to institute the petition under Articles 26(2) and 27(1)(2) of the Constitution and the Basic Rights and Duties Enforcement Act (BRADEA)
  2. 2 Whether the petition discloses a contravention of constitutional rights in relation to the petitioner
  3. 3 Whether the reliefs sought can be granted by the court in the context of the petition

Ratio Decidendi

The petitioner failed to demonstrate how the alleged contravention of constitutional provisions affected him personally, as required by section 4(1) and (2) of BRADEA and Article 30(3) of the Constitution. The petition did not meet the statutory requirements for locus standi, and the reliefs sought could not be granted in this forum. The preliminary objection on locus standi was sustained and the petition dismissed.

Court Disposition

Petition dismissed for lack of locus standi.