20090416 TZHC Arusha

20090416 TZHC Arusha

The application was incompetent for being brought under the wrong provision of law and misconceived as it sought to interfere with a lawful order of a legally established organ, which can only be challenged through specific remedies such as mandamus, certiorari, or prohibition.

Citation
20090416 TZHC Arusha
Parties
Applicant: Phaustine C. Revelian; Respondent: University of Arusha; Respondent: UOA Appeal Committee
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 April 2009
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent; no order as to costs.
Legal Topics
Temporary Injunction, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Temporary Injunction Jurisdiction Preliminary Objection

Case Brief

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Parties

Phaustine C. Revelian

Applicant

University of Arusha

Respondent

UOA Appeal Committee

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent for being brought under a wrong provision of law
  2. 2 Whether an injunction can be sought against a lawful order of a legally established organ

Ratio Decidendi

The application was incompetent for being brought under the wrong provision of law and misconceived as it sought to interfere with a lawful order of a legally established organ, which can only be challenged through specific remedies such as mandamus, certiorari, or prohibition.

Court Disposition

Application struck out as incompetent; no order as to costs.

Orders

  • Application struck out
  • No order as to costs