20130509 TZHC Dar es Salaam

20130509 TZHC Dar es Salaam

The application was brought under a wrong provision of law and filed out of time, rendering it incompetent and untenable.

Citation
20130509 TZHC Dar es Salaam
Parties
Applicant: Raphael Moshi and 9 Others; 1st Respondent: The Attorney General; 2nd Respondent: The Inspector General of Police
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 May 2013
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Prerogative Orders, Certiorari, Mandamus, Wrong Citation of Law, Limitation Period
Source Language
English
Administrative Law Civil Procedure Prerogative Orders Certiorari Mandamus Wrong Citation of Law Limitation Period

Case Brief

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Parties

Raphael Moshi and 9 Others

Applicant

The Attorney General

1st Respondent

The Inspector General of Police

2nd 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 application was filed within the statutory time limit

Ratio Decidendi

The application was brought under a wrong provision of law and filed out of time, rendering it incompetent and untenable.

Court Disposition

application struck out

Orders

  • each party to bear its own costs