paul kisabo vs attorney general 2020 tzhc 3368 7 october 2020

paul kisabo vs attorney general 2020 tzhc 3368 7 october 2020

The petition is incompetent and cannot proceed because the Court of Appeal has already finally and conclusively determined the constitutionality of section 148(5) of the Criminal Procedure Act, making the matter res judicata.

Citation
paul kisabo vs attorney general 2020 tzhc 3368 7 october 2020
Parties
Petitioner: Paul Kisabo; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 October 2020
Procedural Posture
Constitutional Petition / Ruling on Competence/res Judicata
Outcome
petition struck out
Legal Topics
Constitutionality of Statute, Res Judicata, Public Interest Litigation
Source Language
English
Constitutional Law Criminal Procedure Constitutionality of Statute Res Judicata Public Interest Litigation

Case Brief

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Parties

Paul Kisabo

Petitioner

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Competence/res Judicata

Legal Issues

  1. 1 Whether the petition challenging section 148(5)(d)(v) of the Criminal Procedure Act is competent in light of the Court of Appeal's prior determination on the same issue

Ratio Decidendi

The petition is incompetent and cannot proceed because the Court of Appeal has already finally and conclusively determined the constitutionality of section 148(5) of the Criminal Procedure Act, making the matter res judicata.

Court Disposition

petition struck out

Orders

  • Petition struck out for being res judicata.
  • No order as to costs.