seleman kasembe tambala vs the commissioner general of prisons and others 2020 tzhc 260 26 february 2020

seleman kasembe tambala vs the commissioner general of prisons and others 2020 tzhc 260 26 february 2020

The omission to cite section 17(2) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act is fatal as it touches on the jurisdiction of the court; thus, the application is struck out.

Citation
seleman kasembe tambala vs the commissioner general of prisons and others 2020 tzhc 260 26 february 2020
Parties
Applicant: Seleman Kasembe Tambala; 1st Respondent: The Commissioner General of Prisons; 2nd Respondent: The Permanent Secretary, Ministry of Home Affairs; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2020
Procedural Posture
Miscellaneous Civil Cause (judicial Review) / Ruling on Preliminary Objection/jurisdiction
Outcome
Application struck out for want of jurisdiction.
Legal Topics
Judicial Review, Jurisdiction, Prerogative Orders, Proper Citation of Enabling Provisions
Source Language
English
Administrative Law Civil Procedure Judicial Review Jurisdiction Prerogative Orders Proper Citation of Enabling Provisions

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Parties

Seleman Kasembe Tambala

Applicant

The Commissioner General of Prisons

1st Respondent

The Permanent Secretary, Ministry of Home Affairs

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause (judicial Review) / Ruling on Preliminary Objection/jurisdiction

Legal Issues

  1. 1 Whether the application for prerogative orders was properly before the court given the omission to cite section 17(2) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act

Ratio Decidendi

The omission to cite section 17(2) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act is fatal as it touches on the jurisdiction of the court; thus, the application is struck out.

Court Disposition

Application struck out for want of jurisdiction.

Orders

  • Application struck out with no order as to costs.