mpale kaba mpoki vs attorney general 2022 tzhc 15676 1 december 2022

mpale kaba mpoki vs attorney general 2022 tzhc 15676 1 december 2022

The High Court lacks jurisdiction to entertain petitions challenging the harmonization of constitutional articles unless expressly empowered by the Constitution; such matters are for Parliament. The preliminary objection regarding jurisdiction is meritorious.

Citation
mpale kaba mpoki vs attorney general 2022 tzhc 15676 1 december 2022
Parties
Petitioner: Mpale Kaba Mpoki; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 2022
Procedural Posture
Constitutional Petition / Preliminary Objection Ruling
Outcome
petition struck out
Legal Topics
Separation of Powers, Independence of Judiciary, Appointment of Judicial Officers, Jurisdiction, Locus Standi
Source Language
English
Constitutional Law Judicial Review Separation of Powers Independence of Judiciary Appointment of Judicial Officers Jurisdiction Locus Standi

Case Brief

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Parties

Mpale Kaba Mpoki

Petitioner

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain and grant reliefs challenging Articles 112 and 113 of the Constitution of Tanzania
  2. 2 Whether the petitioner has locus standi to institute the petition

Ratio Decidendi

The High Court lacks jurisdiction to entertain petitions challenging the harmonization of constitutional articles unless expressly empowered by the Constitution; such matters are for Parliament. The preliminary objection regarding jurisdiction is meritorious.

Court Disposition

petition struck out

Orders

  • Petition struck out for want of jurisdiction.
  • No order as to costs.