kagwa luoga and others vs attorney general and another 2021 tzhc 2620 19 march 2021

kagwa luoga and others vs attorney general and another 2021 tzhc 2620 19 march 2021

The petition is barred by res judicata because the constitutionality of Section 36(2) of the Economic and Organized Crime Control Act has already been determined by a court of competent jurisdiction in a previous case, and the matter cannot be re-litigated.

Citation
kagwa luoga and others vs attorney general and another 2021 tzhc 2620 19 march 2021
Parties
Petitioners: Kagwa Luoga & 2 Others; 1st Respondent: Attorney General; 2nd Respondent: Director of Public Prosecution
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 March 2021
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Preliminary Objection Ruling
Outcome
Petition dismissed on ground of res judicata.
Legal Topics
Res Judicata, Right to Bail, Constitutionality of Statutes, Detention Pending Trial
Source Language
English
Constitutional Law Criminal Law Civil Procedure Res Judicata Right to Bail Constitutionality of Statutes Detention Pending Trial

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Parties

Kagwa Luoga & 2 Others

Petitioners

Attorney General

1st Respondent

Director of Public Prosecution

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the petition is barred by res judicata
  2. 2 Whether Section 36(2) of the Economic and Organized Crime Control Act is unconstitutional
  3. 3 Whether the petitioners' rights to bail and fair trial are violated

Ratio Decidendi

The petition is barred by res judicata because the constitutionality of Section 36(2) of the Economic and Organized Crime Control Act has already been determined by a court of competent jurisdiction in a previous case, and the matter cannot be re-litigated.

Court Disposition

Petition dismissed on ground of res judicata.

Orders

  • Petition dismissed as res judicata.
  • No order as to costs.