19990625 TZHC Dar es Salaam

Once the High Court refuses leave to apply for prerogative orders, it becomes functus officio and lacks jurisdiction to grant interim relief pending appeal; such jurisdiction lies with the appellate court.

Source-derived case information.

Citation: 19990625 TZHC Dar es Salaam
Parties: Applicant: TUICO - OTTO UNION; Applicant: Augustine Celestine; 1st Respondent: K.C (1997) Ltd; 2nd Respondent: PSRC; 3rd Respondent: Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 June 1999
Procedural Posture: Miscellaneous Civil Cause / Ruling on Preliminary Objection Regarding Jurisdiction to Grant Interim Relief Pending Appeal
Outcome: Preliminary objection sustained; chamber summons struck out.
Legal Topics: Judicial Review, Interim Relief, Functus Officio, Jurisdiction, Prerogative Orders
Source Language: english

Civil Procedure Administrative Law Judicial Review Interim Relief Functus Officio Jurisdiction Prerogative Orders

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

TUICO - OTTO UNION

Applicant

Augustine Celestine

Applicant

K.C (1997) Ltd

1st Respondent

PSRC

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection Regarding Jurisdiction to Grant Interim Relief Pending Appeal

Legal Issues

1 Whether the High Court has jurisdiction to grant interim relief pending appeal after refusing leave to apply for prerogative orders

Ratio Decidendi

Court Disposition

Preliminary objection sustained; chamber summons struck out.

Orders

Chamber summons struck out.

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