20090817 TZHC Dar es Salaam

20090817 TZHC Dar es Salaam

Failure to properly cite the enabling provisions of law when moving the court for judicial review renders the application incompetent and liable to be struck out.

Citation
20090817 TZHC Dar es Salaam
Parties
Applicant: TISCAN Ltd.; 1st Respondent: Attorney General; 2nd Respondent: Minister for Labour Joseph-Lossy
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 August 2009
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Judicial Review, Certiorari, Mandamus, Proper Citation of Enabling Provisions, Preliminary Objection
Source Language
English
Administrative Law Civil Procedure Judicial Review Certiorari Mandamus Proper Citation of Enabling Provisions Preliminary Objection

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Parties

TISCAN Ltd.

Applicant

Attorney General

1st Respondent

Minister for Labour Joseph-Lossy

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was brought under the proper enabling provisions of law
  2. 2 Whether failure to cite the correct legal provisions renders the application incompetent

Ratio Decidendi

Failure to properly cite the enabling provisions of law when moving the court for judicial review renders the application incompetent and liable to be struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out as incompetent.
  • Applicant to be notified accordingly.