20050606 TZHC Bukoba

20050606 TZHC Bukoba

The High Court lacks jurisdiction to revise proceedings originating from Ward Tribunals under S. 79 of the CPC, 1966 and S. 31(1) of the MCA, Cap. 11, as neither provision applies to such matters. The proper procedure to challenge the constitutionality of S. 20(3) of the Ward Tribunal Act was not followed.

Citation
20050606 TZHC Bukoba
Parties
Applicant: Rahel Kayanda; Respondent: Sofia Byarugaba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 June 2005
Procedural Posture
Civil Revision / Ruling on Preliminary Objections
Outcome
Preliminary objections sustained; application dismissed for want of jurisdiction with costs.
Legal Topics
Revision Jurisdiction, Ward Tribunal Appeals, Jurisdiction of High Court, Constitutional Challenge Procedure
Source Language
English
Civil Procedure Jurisdiction Revision Jurisdiction Ward Tribunal Appeals Jurisdiction of High Court Constitutional Challenge Procedure

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Parties

Rahel Kayanda

Applicant

Sofia Byarugaba

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has jurisdiction to revise proceedings originating from Ward Tribunal under S. 79 of the CPC, 1966 and/or S. 31(1) of the MCA, Cap. 11
  2. 2 Whether S. 20(3) of the Ward Tribunal Act is unconstitutional

Ratio Decidendi

The High Court lacks jurisdiction to revise proceedings originating from Ward Tribunals under S. 79 of the CPC, 1966 and S. 31(1) of the MCA, Cap. 11, as neither provision applies to such matters. The proper procedure to challenge the constitutionality of S. 20(3) of the Ward Tribunal Act was not followed.

Court Disposition

Preliminary objections sustained; application dismissed for want of jurisdiction with costs.

Orders

  • Application dismissed for want of jurisdiction.
  • Costs awarded to the respondent.