19971106 TZHC Tabora

19971106 TZHC Tabora

The petitioner failed to follow the mandatory procedure for constitutional petitions as prescribed by Act No. 33/94, and adequate alternative remedies for defamation exist under ordinary law; therefore, the suit is struck out.

Citation
19971106 TZHC Tabora
Parties
Petitioner: C. A. Lyimo; Respondent: S. M. Kasomi; Respondent: Y. R. Makamba; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 November 1997
Procedural Posture
Constitutional Petition / Preliminary Objection Ruling
Outcome
suit struck out
Legal Topics
Procedure for Constitutional Petitions, Defamation, Basic Rights Enforcement
Source Language
English
Constitutional Law Tort Law Procedure for Constitutional Petitions Defamation Basic Rights Enforcement

Case Brief

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Parties

C. A. Lyimo

Petitioner

S. M. Kasomi

Respondent

Y. R. Makamba

Respondent

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the petitioner followed the proper procedure for challenging constitutional violations under Act No. 33/94
  2. 2 Whether the petitioner can seek redress for alleged defamation via constitutional petition

Ratio Decidendi

The petitioner failed to follow the mandatory procedure for constitutional petitions as prescribed by Act No. 33/94, and adequate alternative remedies for defamation exist under ordinary law; therefore, the suit is struck out.

Court Disposition

suit struck out

Orders

  • Suit struck out with costs
  • District Registrar to summon parties and read judgment to them