The applicant herein
applied to the High Court of Tanzania sitting at Tanga in Miscellaneous Civil
Application No. 2 of 2014 for the prerogative orders of certiorari, mandamus
and prohibition against the Respondents alleging numerous violations of the
Constitution of the United Republic of Tanzania of 1977. The alleged
desecrations mostly related to or were connected with the process of
constitutional review that was being carried out under the Constitutional
Review Act [Cap 83 R.E. 2014] aimed at attaining a new constitution for the
nation. As it turned out, his quest did not come to fruition; it was struck out
with costs at the pre-hearing stage, the High Court having sustained the
Respondents’ preliminary objection that the petition was fatally defective for
non-citation of proper enabling provisions of the law. Aggrieved, the applicant
has now lodged this application under sections 4 (3) and (5) and 7 of the
Appellate Jurisdiction Act [Cap 141 R.E. 2002] and rules 4, 65 (3) and (7) of
the Tanzania Court of Appeal Rules, 2009 (the Rules) seeking revision of the
proceedings and the ruling of the High Court.
In resisting the application, the Respondents duly filed a
preliminary objection containing two points inter alia that the
application is hopelessly time barred.