peter erick mrina vs the attorney general and 2 others 2023 tzhc 19394 31 may 2023

peter erick mrina vs the attorney general and 2 others 2023 tzhc 19394 31 may 2023

The application is incompetent for want of leave to apply for prerogative orders of mandamus as required by Rule 5(1) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, 2014; the cited provisions do not empower the court to grant the reliefs sought.

Citation
peter erick mrina vs the attorney general and 2 others 2023 tzhc 19394 31 may 2023
Parties
Applicant: Peter Erick Mrina; 1st Respondent: The Attorney General; 2nd Respondent: The Commissioner General of Tanzania Immigration Department; 3rd Respondent: The Commissioner General of Prisons Services
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Objection
Outcome
Application struck out for incompetence.
Legal Topics
Judicial Review, Mandamus, Deportation, Jurisdiction, Procedural Competence
Source Language
English
Administrative Law Immigration Law Criminal Procedure Judicial Review Mandamus Deportation Jurisdiction Procedural Competence

Case Brief

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Parties

Peter Erick Mrina

Applicant

The Attorney General

1st Respondent

The Commissioner General of Tanzania Immigration Department

2nd Respondent

The Commissioner General of Prisons Services

3rd Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is competent and tenable in law
  2. 2 Whether the High Court has jurisdiction to grant the reliefs sought
  3. 3 Whether leave for judicial review is mandatory before seeking prerogative orders

Ratio Decidendi

The application is incompetent for want of leave to apply for prerogative orders of mandamus as required by Rule 5(1) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, 2014; the cited provisions do not empower the court to grant the reliefs sought.

Court Disposition

Application struck out for incompetence.

Orders

  • Application struck out.