sunday curthberth massawe vs institute of accountancy arusha and another 2022 tzhc 14833 29 november 2022

sunday curthberth massawe vs institute of accountancy arusha and another 2022 tzhc 14833 29 november 2022

The application was struck out because the statement failed to specify the relief sought and the grounds for relief as required by law, and the supporting affidavit was incurably defective due to hearsay and false information in material paragraphs. The court found that the defects were substantive and not curable by amendment or expungement. The objection regarding exhaustion of local remedies was overruled as the regulations did not provide a clear procedure for further appeal.

Citation
sunday curthberth massawe vs institute of accountancy arusha and another 2022 tzhc 14833 29 november 2022
Parties
Applicant: Sunday Curthbert Massawe; 1st Respondent: Institute of Accountancy Arusha; 2nd Respondent: The Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2022
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objections to Application for Leave for Judicial Review
Outcome
Application struck out with leave to refile within 21 days upon rectification of defects.
Legal Topics
Judicial Review, Preliminary Objection, Affidavit Defects, Exhaustion of Remedies, Student Disciplinary Proceedings
Source Language
English
Administrative Law Civil Procedure Education Law Judicial Review Preliminary Objection Affidavit Defects Exhaustion of Remedies Student Disciplinary Proceedings

Case Brief

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Parties

Sunday Curthbert Massawe

Applicant

Institute of Accountancy Arusha

1st Respondent

The Honourable Attorney General

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objections to Application for Leave for Judicial Review

Legal Issues

  1. 1 Whether the application for leave for judicial review is competent for failure to comply with procedural requirements under the Law Reform (Fatal Accident and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, 2014
  2. 2 Whether the applicant's affidavit is incurably defective due to hearsay and false information
  3. 3 Whether the application is premature for failure to exhaust available local remedies

Ratio Decidendi

The application was struck out because the statement failed to specify the relief sought and the grounds for relief as required by law, and the supporting affidavit was incurably defective due to hearsay and false information in material paragraphs. The court found that the defects were substantive and not curable by amendment or expungement. The objection regarding exhaustion of local remedies was overruled as the regulations did not provide a clear procedure for further appeal.

Court Disposition

Application struck out with leave to refile within 21 days upon rectification of defects.

Orders

  • Application struck out for non-compliance with procedural requirements and defective affidavit.
  • Applicant granted leave to refile a fresh application within 21 days after rectifying the identified shortcomings.