narcis r mbarara vs minister for regional administration and local government others 2008 tzhc 320 14 february 2008

narcis r mbarara vs minister for regional administration and local government others 2008 tzhc 320 14 february 2008

The application is incompetent and premature because the applicant failed to exhaust the right of appeal to the President under G.N. No 397 of 2000, which remains in force by virtue of the savings provision in Section 36(1)(a) of the Public Service Act No 8 of 2002.

Citation
narcis r mbarara vs minister for regional administration and local government others 2008 tzhc 320 14 february 2008
Parties
Applicant: Narcis R. Mbarara; 1st Respondent: Hon Minister for Regional Administration and Local Government; 2nd Respondent: The Municipal Council Arusha; 3rd Respondent: The Hon Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 February 2008
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections to Application for Leave to Apply for Certiorari
Outcome
Application struck out as incompetent
Legal Topics
Certiorari, Exhaustion of Remedies, Subsidiary Legislation, Repeal and Savings Provisions
Source Language
English
Administrative Law Civil Procedure Certiorari Exhaustion of Remedies Subsidiary Legislation Repeal and Savings Provisions

Case Brief

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Parties

Narcis R. Mbarara

Applicant

Hon Minister for Regional Administration and Local Government

1st Respondent

The Municipal Council Arusha

2nd Respondent

The Hon Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections to Application for Leave to Apply for Certiorari

Legal Issues

  1. 1 Whether the application for leave to apply for certiorari is incompetent for failure to exhaust alternative remedies
  2. 2 Whether the supporting affidavit is incurably defective for containing legal arguments and conclusions

Ratio Decidendi

The application is incompetent and premature because the applicant failed to exhaust the right of appeal to the President under G.N. No 397 of 2000, which remains in force by virtue of the savings provision in Section 36(1)(a) of the Public Service Act No 8 of 2002.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs