winnie cessy soka vs regional immigration officer mtwara another 2013 tzhc 2204 1 november 2013

winnie cessy soka vs regional immigration officer mtwara another 2013 tzhc 2204 1 november 2013

The applicant had no locus standi as the Prohibited Immigrant order was issued against her husband, not herself, and she lacked power of attorney or any direct right or interest affected by the order.

Citation
winnie cessy soka vs regional immigration officer mtwara another 2013 tzhc 2204 1 november 2013
Parties
Applicant: Winnie Cessy Soka; 1st Respondent: Regional Immigration Officer Mtwara; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 November 2013
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Locus Standi, Certiorari, Mandamus, Prohibited Immigrant Order, Power of Attorney
Source Language
English
Administrative Law Immigration Law Civil Procedure Locus Standi Certiorari Mandamus Prohibited Immigrant Order Power of Attorney

Case Brief

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Parties

Winnie Cessy Soka

Applicant

Regional Immigration Officer Mtwara

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant has locus standi to file the application for certiorari and mandamus against the Prohibited Immigrant order

Ratio Decidendi

The applicant had no locus standi as the Prohibited Immigrant order was issued against her husband, not herself, and she lacked power of attorney or any direct right or interest affected by the order.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs