phaustine c revelian vs university of arusha another 2009 tzhc 278 16 april 2009

phaustine c revelian vs university of arusha another 2009 tzhc 278 16 april 2009

The application was incompetent for being brought under the wrong provisions of law and misconceived as it sought to interfere with a lawful order of a legally established organ; the court cannot grant such relief in a suit of this nature.

Citation
phaustine c revelian vs university of arusha another 2009 tzhc 278 16 april 2009
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
Legal Topics
Temporary Injunctions, Jurisdiction, Preliminary Objections
Source Language
English
Civil Procedure Temporary Injunctions Jurisdiction Preliminary Objections

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 was brought under the correct provision of law
  2. 2 Whether the court can grant an injunction against a lawful order of a legally established organ

Ratio Decidendi

The application was incompetent for being brought under the wrong provisions of law and misconceived as it sought to interfere with a lawful order of a legally established organ; the court cannot grant such relief in a suit of this nature.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs