edson kilatu vs the attorney general of the united republic of tanzania and another 2021 tzhc 6309 29 september 2021

edson kilatu vs the attorney general of the united republic of tanzania and another 2021 tzhc 6309 29 september 2021

The petition is barred by res sub judice due to the pending proceedings before the Advocates Committee involving substantially the same subject matter and parties. The petitioner has alternative remedies and the petition constitutes an abuse of court process and is frivolous. The proper course is to strike out the petition.

Citation
edson kilatu vs the attorney general of the united republic of tanzania and another 2021 tzhc 6309 29 september 2021
Parties
Petitioner: Edson Kilatu; 1st Respondent: Attorney General of the United Republic of Tanzania; 2nd Respondent: A/Insp Innocent Ndowo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2021
Procedural Posture
Constitutional Petition / Preliminary Objection Ruling
Outcome
petition struck out
Legal Topics
Res Sub Judice, Constitutionality of Statutory Provisions, Abuse of Process, Fair Hearing
Source Language
English
Constitutional Law Civil Procedure Res Sub Judice Constitutionality of Statutory Provisions Abuse of Process Fair Hearing

Case Brief

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Parties

Edson Kilatu

Petitioner

Attorney General of the United Republic of Tanzania

1st Respondent

A/Insp Innocent Ndowo

2nd Respondent

Procedural Posture

Constitutional Petition / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the petition is barred by res sub judice due to pending proceedings before the Advocates Committee
  2. 2 Whether the petition constitutes an abuse of court process and is frivolous
  3. 3 Whether the petitioner should have exhausted alternative remedies before filing a constitutional petition

Ratio Decidendi

The petition is barred by res sub judice due to the pending proceedings before the Advocates Committee involving substantially the same subject matter and parties. The petitioner has alternative remedies and the petition constitutes an abuse of court process and is frivolous. The proper course is to strike out the petition.

Court Disposition

petition struck out

Orders

  • petition struck out
  • no order as to costs