malik juma kirendemo vs kinondoni municipal council another 2023 tzhclandd 17060 24 october 2023

malik juma kirendemo vs kinondoni municipal council another 2023 tzhclandd 17060 24 october 2023

By conceding to the preliminary objection, the plaintiff admitted the suit is incompetent as it seeks administrative remedies through the court, contrary to statutory requirements. The proper remedy is to strike out the suit.

Citation
malik juma kirendemo vs kinondoni municipal council another 2023 tzhclandd 17060 24 october 2023
Parties
Plaintiff: Malik Juma Kirendemo; 1st Defendant: Kinondoni Municipal Council; 2nd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 October 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with no order as to costs.
Legal Topics
Building Permits, Jurisdiction, Administrative Remedies
Source Language
English
Administrative Law Land Law Building Permits Jurisdiction Administrative Remedies

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Malik Juma Kirendemo

Plaintiff

Kinondoni Municipal Council

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is maintainable in law to compel a government body to exercise an administrative action through an ordinary court

Ratio Decidendi

By conceding to the preliminary objection, the plaintiff admitted the suit is incompetent as it seeks administrative remedies through the court, contrary to statutory requirements. The proper remedy is to strike out the suit.

Court Disposition

Suit struck out with no order as to costs.

Orders

  • Suit struck out
  • No order as to costs