mayko jeas namlowe vs tanzania immigration department and others 2020 tzhc 3364 2 october 2020

mayko jeas namlowe vs tanzania immigration department and others 2020 tzhc 3364 2 october 2020

The court cannot proceed with an application for leave for judicial review when the substantive relief sought (return of passport) is already being offered by the respondent, rendering the application redundant.

Citation
mayko jeas namlowe vs tanzania immigration department and others 2020 tzhc 3364 2 october 2020
Parties
Applicant: Mayko Jeas Namlowe; 1st Respondent: Tanzania Immigration Department; 2nd Respondent: Attorney General; 3rd Respondent: C. G. Anna Makakala; 4th Respondent: Samwel Hahelane
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 October 2020
Procedural Posture
Miscellaneous Application / Ruling on Whether to Proceed With Application for Leave for Judicial Review
Outcome
Application struck out as redundant
Legal Topics
Judicial Review, Return of Passport, Prerogative Orders, Procedural Redundancy
Source Language
English
Administrative Law Immigration Law Judicial Review Return of Passport Prerogative Orders Procedural Redundancy

Case Brief

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Parties

Mayko Jeas Namlowe

Applicant

Tanzania Immigration Department

1st Respondent

Attorney General

2nd Respondent

C. G. Anna Makakala

3rd Respondent

Samwel Hahelane

4th Respondent

Procedural Posture

Miscellaneous Application / Ruling on Whether to Proceed With Application for Leave for Judicial Review

Legal Issues

  1. 1 Whether the court should proceed with the application for leave for judicial review when the main relief sought is already being offered by the respondent
  2. 2 Whether alleged malpractices by respondents can independently sustain the application

Ratio Decidendi

The court cannot proceed with an application for leave for judicial review when the substantive relief sought (return of passport) is already being offered by the respondent, rendering the application redundant.

Court Disposition

Application struck out as redundant

Orders

  • 1st Respondent to return the applicant’s British Passport No. 562745957
  • Each party to bear their own costs