tanzania standard ltd vs minister for labour employment youth others 2019 tzca 422 20 november 2019

tanzania standard ltd vs minister for labour employment youth others 2019 tzca 422 20 november 2019

The appeal is incompetent because the High Court's order striking out the application for leave did not finally determine the rights of the parties; the appellant is at liberty to file a fresh application before the High Court. Such an order is not appealable as of right under section 17(5) of Cap 310.

Citation
tanzania standard ltd vs minister for labour employment youth others 2019 tzca 422 20 november 2019
Parties
Appellant: Tanzania Standard (Newspaper) Limited; 1st Respondent: The Honourable Minister for Labour Employment and Youth; 2nd Respondent: The Honourable Attorney General; 3rd Respondent: Joel Mwakibeta
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 November 2019
Procedural Posture
Civil Appeal / Appeal From High Court Ruling Striking Out Application
Outcome
appeal struck out as incompetent
Legal Topics
Prerogative Orders, Certiorari, Mandamus, Leave to Apply, Procedural Competence, Non Citation of Enabling Provision
Source Language
English
Administrative Law Employment Law Civil Procedure Prerogative Orders Certiorari Mandamus Leave to Apply Procedural Competence +1 more

Case Brief

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Parties

Tanzania Standard (Newspaper) Limited

Appellant

The Honourable Minister for Labour Employment and Youth

1st Respondent

The Honourable Attorney General

2nd Respondent

Joel Mwakibeta

3rd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling Striking Out Application

Legal Issues

  1. 1 Whether an order striking out an application for leave to apply for prerogative orders is appealable as of right
  2. 2 Whether the High Court's order finally determined the rights of the parties
  3. 3 Whether the appellant could return to the High Court to file a fresh application

Ratio Decidendi

The appeal is incompetent because the High Court's order striking out the application for leave did not finally determine the rights of the parties; the appellant is at liberty to file a fresh application before the High Court. Such an order is not appealable as of right under section 17(5) of Cap 310.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out
  • no order as to costs