Ex – B. 8356 S/SGT Sylvester S. Nyanda versus The IGP and Another; Civil Appeal No. 64 of 2014: Court of Appeal of Tanzania at Mwanza (Unreported).
- Civil Procedure
- Issues – Whether the Court may raise its own issues during hearing.
- Suits – the difference between dismissal and striking out of a suit.
- Administrative Law
- Reliefs – Whether one may file an ordinary suit rather than by way of judicial review.
Held:-
(i) When the Court discovers the issue of jurisdiction or any other issue prudence requires that the parties be afforded opportunity to address the court on the issues in compliance with the principles of natural justice. The issue of jurisdiction should not be unilaterally raised and decided without affording the parties an opportunity to address the same.
(ii) An order for dismissal implies that a competent appeal / suit has been disposed of while an order striking out implies that there was no proper appeal /suit capable of being disposed of.
(iii) Matters that can be challenged by way of judicial review can also be challenged by civil suits.