tuico ottu union and another vs nbc 1977ltd and two others 1999 tzhc 26 25 june 1999

tuico ottu union and another vs nbc 1977ltd and two others 1999 tzhc 26 25 june 1999

The High Court, having refused leave to apply for prerogative orders, is functus officio and lacks jurisdiction to grant interim relief pending appeal; the chamber summons must be struck out.

Citation
tuico ottu union and another vs nbc 1977ltd and two others 1999 tzhc 26 25 june 1999
Parties
Applicant: TUICO-OTTU Union; Applicant: Augustine Celestine; 1st Respondent: NBC (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
Outcome
Preliminary objection sustained; chamber summons struck out.
Legal Topics
Interim Relief, Jurisdiction, Functus Officio, Leave to Apply for Prerogative Orders
Source Language
English
Civil Procedure Judicial Review Interim Relief Jurisdiction Functus Officio Leave to Apply for Prerogative Orders

Case Brief

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Parties

TUICO-OTTU Union

Applicant

Augustine Celestine

Applicant

NBC (1997) Ltd

1st Respondent

PSRC

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

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

Ratio Decidendi

The High Court, having refused leave to apply for prerogative orders, is functus officio and lacks jurisdiction to grant interim relief pending appeal; the chamber summons must be struck out.

Court Disposition

Preliminary objection sustained; chamber summons struck out.

Orders

  • Chamber summons struck out.