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By Evarist Baimu Nyaga Mawalla - Home
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JudgeCourt: Now case to be referred to the Hon. J.K for re-assignment tothe Judges to hear the petition according to law.E.W. KatitiJudge4.3.98IN THE COURT OF PEAL OF TANZANIAAT DAR ES SALAAM(CORAM: KISANGA, J.A. KUBUVA, J.A AND SAMATTA, J.A)CRIMINAL APPEAL NO. 21 OF 1997BETWEENTHE DIRECTOR OF PUBLIC PHOSECUTIONS ………….APPELLANT105
the operation of the statute must not be hindered. As a philosophyof democratic Government, democracy asserts the supreme worth,and dignity, and creative capacity of every individual human being,and the State exists to enable citizens to fulfill their natural man.But this man, within the law, enters into relations with his fellowbeings, at many levels, and is it not a phenomenon of humanbeings to form groups, none of which however, not even the state,exhausts his social needs. In other words, the development of mangenerally requires a plurality of autonomous communities, havingtheir own rights, their own freedoms, and their own authorities asguaranteed by the Constitution. Having on my part read thepapers and the submissions, I am decidedly of the view, that whensuch rights are allegedly transgressed, I think that a Prima faciecase has been established beyond a shadow of doubt, that there isperhaps a constitutional question to be determined. On thebalance of convenience, it is clear to the tall and short, that refusalto grant temporary injunction would be disastrous to BAWATA, andmembers thereof, for refusal to grant the relief would mean deathsentence, with serious consequences, under section 12A of theordinance, thereby throwing the partition in total jeopardy, withoutcompetent authority to pursue it in this form, and from the citizensperspective, this would not only be a loss of opportunity for thecrucible test of the operations of their constitution, but also a lossof opportunity of their training in their Constitution in unobstructedliberty. If our democracy though young, is yeteducated, if our Parliament though young is less alert and yet tolearn, if our Executive is to know more about Constitutionprinciples, upon which they take oath then on the balance ofconvenience, all are not only eager to learn, but also, to test outyoung Constitution and advance the constitutional principlesinvolved, and the Court having played its dutiful role, its duty endsthere. From the above, I am satisfied that the applicants /petitioners, have made out a case for a temporary injunction, and itis hereby ordered, that BAWATA in the interests of justice, shallremain uncancelled, nor be otherwise interfered with, till theConstitution partition, is heard and finally decided.Delivered this 4 th day of March, 1998.E.W. Katiti104
JudgeCourt: Now case to be referred to the Hon. J.K for re-assignment tothe Judges to hear the petition according to law.E.W. KatitiJudge4.3.98IN THE COURT OF PEAL OF TANZANIAAT DAR ES SALAAM(CORAM: KISANGA, J.A. KUBUVA, J.A AND SAMATTA, J.A)CRIMINAL APPEAL NO. 21 OF 1997BETWEENTHE DIRECTOR OF PUBLIC PHOSECUTIONS ………….APPELLANT105
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A COMPILATION OF CASES OF JUDICIAL
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4.3 Assistant Imports controller v
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appropriate respondent, i.e, if in
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the individual complaining of breac
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of the Constitution that there shou
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y one judge of the High Court. Desp
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Question(1) Their Lordship can deal
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ights and freedoms to satisfy the r
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The contravention was in the past;
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is entitled. The respondent must pa
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independence, as the result of nego
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emedy, but only by consent of the C
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policy justifies these distinctions
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compulsorily on payment of .compens
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have already touched on this. I do
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‘s favour would have been a right
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in cases of judicial misbehavior, a
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of course, is not in the ordinary s
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of these provisions is to ensure th
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which he appealed by special leave.
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does not exclude the application of
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“………no person should be pun
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state. By section 19 (2) of the Cro
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tot for anything done by Maharaj J.
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of this section ;and (b)to determin
- Page 53 and 54: this was a finding that the judge,
- Page 55 and 56: February 27. The judgment of the ma
- Page 57 and 58: It was a state act performed by the
- Page 59 and 60: A defendant is always entitled to k
- Page 61 and 62: to come before the House of Lord’
- Page 63 and 64: The key word here is “inseparable
- Page 65 and 66: Assuming that “commonwealth” wa
- Page 67 and 68: the High Court within a limited tim
- Page 69 and 70: Ouster clauses which take effect on
- Page 71 and 72: jurisdiction if they are disputed b
- Page 73 and 74: eviction by NAFCO. The special and
- Page 75 and 76: separation of powers enshrined in t
- Page 77 and 78: 2. that the Honorable trial judge e
- Page 79 and 80: section 2 of land ordinance, 1922 i
- Page 81 and 82: statutorily on trust for the benefi
- Page 83 and 84: such consent is required only in ca
- Page 85 and 86: language of that section precludes
- Page 87 and 88: There is merit in this ground of ap
- Page 89 and 90: section 4 and would undoubtedly hav
- Page 91 and 92: Clearly this section in unconstitut
- Page 93 and 94: ional crystallization, of the idea
- Page 95 and 96: That, the exparte application for t
- Page 97 and 98: espect, after all is said, and writ
- Page 99 and 100: to BAWATA’s Secretary General who
- Page 101 and 102: From the above persuasive cases, I
- Page 103: opinion, that where the Court used
- Page 107 and 108: the charge had already been entered
- Page 109 and 110: was violative of her basic right as
- Page 111 and 112: in that court, and in the course of
- Page 113 and 114: In the result the appeal by the Dir
- Page 115 and 116: that the proceedings before the Tri
- Page 117 and 118: Prof. Shivji urged that when the ma
- Page 119 and 120: Administered by inferior tribunals
- Page 121 and 122: was found to be a nullity for irrat
- Page 123 and 124: Those who espouse the narrow approa
- Page 125 and 126: 31. (1985) At p. 3532. One of the p
- Page 127 and 128: Application on merits. Mandamus iss
- Page 129 and 130: Those who exist above the people mu
- Page 131 and 132: November 1986 they made a market su
- Page 133 and 134: In the case at hand of course the a
- Page 135 and 136: of each case, but it a fundamental
- Page 137 and 138: I note that in the Advisory Committ
- Page 139 and 140: The complaint is not that a person
- Page 141 and 142: The applicants. Who were bidding in
- Page 143 and 144: A paradigm,but not the only case of
- Page 145 and 146: claims not to contain legal rules,
- Page 147 and 148: 743. All these cases show that it i
- Page 149 and 150: as conclusive of the absence of a c
- Page 151 and 152: The code is therefore framed in non
- Page 153 and 154: “In my view to allow English citi
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eceive a further ⅔ per cent based
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alternative and that, reading the u
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On the morning of 25 November 1986
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The issue is thus whether the histo
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The Criminal Injuries Compensation
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part of decision - makers and for b
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Nothing that I have said can fetter
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underestimating the extent tot whic
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egulation” may be misleading. The
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More recently, in Reg. v. British B
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NICHOLLS L.J. I entirely agree with
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The code also contains some detaile
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appellant was tried on a count char
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founder parties should have used th
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(4) Since the case is based on aver
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Thus we held that any member of the
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procedure prescribed by Order 1, ru
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It is settled in our constitutional
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of judicial innovation to say that
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It follows from the foregoing that
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will not succeed. The court cannot
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The petition originally raised very
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disclosed in that context. He maint
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of the legislation and that there i
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…the restriction imposed at commo
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This provision, in my view, caters
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I agree and can not wish to add any
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It is contended by the petitioner t
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It extends to modification of those
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These amendments were, therefore, v
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courts in respect of the stay of su
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namely, an assembly or procession n
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of law and order. I provision like
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Until the Legislature makes appropr
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his representatives; the right to r
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in the Constitution? In that case t
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to appoint persons to offices in th
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I hereby certify that this is a tru
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It is sworn further that in the cou
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applicants. And if I may say now, a
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A part from the applicants obligati
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It seems that this issue once decid
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Finally, Mr. Werema made an alterna
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to find a case which shows there is
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Delivered.Dr. Lamwai for the Applic
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However, he pointed out that it is
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IN THE COURT OF APPEAL OF TANZANIAA
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anything, he was simply answering w
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appellants the opportunities of bei
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For these reasons we are satisfied
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jurisdiction to go wrong. Neither a
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Essentially these grounds are alleg
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in agreement. However, the advocate
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Attorney General was duly summoned,
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Once we hold as indeed we do, that
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surfaced from the very beginning. I
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of Dodoma Zone Mr. Mwambe duly inst
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26 Act No. 16 of 198427 Chapter 360
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the case of Attorney-General v. Les
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1991on the Democratic system in Tan
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efusal in short the decisions were
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public interest should not be too b
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operation was “thoroughly outdate
- Page 281 and 282:
In the final analysis, I find that
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J. dated the 24 th day of October,
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though we felt that the learned Sta
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(a). that every persons shall, when
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The more difficult question is whet
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Turning now to the requirement that
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The appeal is allowed with cast, an
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6. Tanzania Air service ltd v minis
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A company (Cyanamid) register a pat
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506 All England Law Reports (1975)
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a. patents in 1953 (Lowe) and 1954
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efore any question of balance of co
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object that I have indicated above
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this. Returning therefore to the in
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MAGNUM AGENCLES COMPANY LIMITED RES
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Without going into his locals stand
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BANK OF TANZANIA MWANZABut the prop
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Similarly the present record does n
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78 TANZANIA LAW REPORTS (1987) T.L.
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Maina ,J This is an application to
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e made informally. But with respect
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82 TANZANIA LAW REPORTS (1987)T.L.R
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Temeke, Dar es salaam, delivered in
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3. that the reference was in any ev
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2. that the application has no righ
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c.c.s.u v, minste for civil service
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communications headquarters (GCHQ)
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)2) of the European Convention on H
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dismiss persons refusing to accept
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matters relating to the dispassion
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extending he requirement of natural
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continue to be enjoyed although mig
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the grounds upon which administrati
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alter right or obligations enforcea
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I agree with your Lordships tat thi
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the appellants employment be termin
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The trial judge dismissed appellant
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the view that the appellant’s ter
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Court did not stop there. It consid
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In English I have been instructed t
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the respondents such order was gran
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to response to the .. of an appell
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Was Annex D.1 made in bad faith? Th
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when questioning the constitutional
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24 th May 1991 informing the appell
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We are therefore of the opinion tha
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him of that decision is in our view
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usurp the function of the High Cour
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MAUGHAM in maritime Elective C. Ltd
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We again agree with the learned jud
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However, the learned judge skipped
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filing of statements could not be s
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even to seem to express an opinion
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As we have already intimated the te
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the removal. But we reject the earl
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the Daily News and Uhuru newspapers
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M.D. BOMANIAg. JUSTICE OF APPEALJ.L
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Both parties are represented by cou
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THE SECUTITY FO EMPLOYMENT ACT 1964
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administrative law as seriously as
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interest are at stake. In any other
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the fundamentals of good administra
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mandamus should be made but it must
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6. EXERCISE OF DISCRETIONARY POWERS
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Mr. Mselem was at a loss to know un
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under s. 3 (3) of Cap. 104 and none
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affidavit and the representations o
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17 th June 1987 requiring him to le
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SongeaMohamed Ally Athumani now 54
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Ally Athumani PW1 had received. He
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Home is cases of ones in search of
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nothing about the subject matter as
- Page 425 and 426:
commissioner of Songea District was
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in all details to the one issued to
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approved by village Governments. DW
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forces that are always inconsistent
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under the Business licincing Act No
- Page 435 and 436:
applicants these could definitely n
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person against who he intends issue
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dealings. Expedient is not this Rep
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espondent to discharge its function
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(i) an order of certiorari 8 and se
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Mr. Mwaikusa argued that the releva
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that the Government has set on itse
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AT DODOMACIVIL CASE NO. 23 OF 1993J
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for Tabora Region . By a letter dat
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of the Constitution or the law of t
- Page 455 and 456:
Another important consideration und
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have been taken into account, wheth
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withstanding the existence of an ou
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arbitrary decision. And it offends
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to the Principal Secretary to the P
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I heard long and interesting arqume
- Page 467 and 468:
public interest; second, it is the
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the former the Principal Secretary
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I think I can dispose of this matte
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the whole field of the law relating
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declaration except in a negative so
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itom 108(1) of the First schedule t
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egards the commission’s report, t
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RULLINGSAMATTA, JK:This is an appli
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impugned decision. As expected, I w
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(g) on retirement in circumstances,
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etire otherwise than on disciplinar
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(c) for pupose of facilitating impr
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“Whatever pleases the emperor has
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decision has, I agree with Mr Nasso
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Before I part with this application
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7. REMEDIES1. Ajit Gordhan v Direct
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21. Simeon Manyaki v Executive Comm
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of which was annexed to the affidav
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The above position was enshrined in
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such as damages or on injunction. T
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Should the prayer then be granted i
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No cases referred to.Omar and Musta
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IN THE HIGH COURT OF TANZANIAAT DAR
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alleged circumstance, it is further
- Page 515 and 516:
Mr Mallaba has traced the history o
- Page 517 and 518:
Mr. Kisusi submits further that sin
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ANDESSO STANDARD TANZANIA LIMITED .
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proceed by way certiorari. He can f
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AT MWANZACORAM: OMAR, J.A. HNZAVAS,
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G.N. 41/92, the second respondent i
- Page 527 and 528:
ecause it violates Article 13 of th
- Page 529 and 530:
tenants, one enjoying legal protect
- Page 531 and 532:
the provisions of the Rent Restrict
- Page 533 and 534:
Lastly, in ground 5 the appellants
- Page 535 and 536:
R V Income Tax Special Purposes Cou
- Page 537 and 538:
had interfered with the administrat
- Page 539 and 540:
LORD TEMPLEMAN. Parliament makes th
- Page 541 and 542:
LORD GRIFEITHS. My Lords, I have ha
- Page 543 and 544:
Because of this, it is normally unn
- Page 545 and 546:
students at his school; that he was
- Page 547 and 548:
unnaturally took the view that the
- Page 549 and 550:
solicitor later at about 12.30 am v
- Page 551 and 552:
Mr Baker was arranged for 4 pm that
- Page 553 and 554:
counsel with whem a conference took
- Page 555 and 556:
easonably benevolent construction o
- Page 557 and 558:
Lord Donalsdson MR described Mr Bak
- Page 559 and 560:
was made without jurisdiction, then
- Page 561 and 562:
Court has been given . If the appli
- Page 563 and 564:
in the earlier case may have coused
- Page 565 and 566:
As the Sovereign cannot authorize w
- Page 567 and 568:
When dismissiong the action Romer I
- Page 569 and 570:
the Crown. (In this summary 1 put o
- Page 571 and 572:
emedy against theCrown was not conf
- Page 573 and 574:
easonable doubt as to the identity
- Page 575 and 576:
Section 23 (2) (2) refers to petiti
- Page 577 and 578:
Corwn in general, then s 21 (2) wou
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epresenting the Crown, the third th
- Page 581 and 582:
obtain an injunction (see also Merr
- Page 583 and 584:
A both because there would be an in
- Page 585 and 586:
It is interesting to note the comme
- Page 587 and 588:
prohivition or certiorari (b) the n
- Page 589 and 590:
proceedings as was available to you
- Page 591 and 592:
lack of jurisdiction to grant inter
- Page 593 and 594:
egarded as being open to challenge
- Page 595 and 596:
quite out of accord with practice,
- Page 597 and 598:
The validity of the injunction gran
- Page 599 and 600:
IN THE HIGH COURT OF TANZANIAAT SON
- Page 601 and 602:
October; 1993, the Regional Commiss
- Page 603 and 604:
statutory authority for doing so, t
- Page 605 and 606:
egulation 10 as read with S. 55 (1)
- Page 607 and 608:
(4) In such a case the tribunal, wh
- Page 609 and 610:
the penalty demands notwithstanding
- Page 611 and 612:
question I have posed and speaking
- Page 613 and 614:
first two prayers, to wit, orders o
- Page 615 and 616:
and illegally taking then away from
- Page 617 and 618:
I conceded that as wrong in view of
- Page 619 and 620:
unquestionability upon its decision
- Page 621 and 622:
deciding what the decision-maker sh
- Page 623 and 624:
ut the judges must observe the cons
- Page 625 and 626:
intended to furtmore national polic
- Page 627 and 628:
society. That observation applies t
- Page 629 and 630:
In the event, the prayer for a decl
- Page 631 and 632:
25 th January 1978. However on 5 th
- Page 633 and 634:
missing from the trial court record
- Page 635 and 636:
One of the conditions set out in th
- Page 637 and 638:
(a) that up to the 5 th February, 1
- Page 639 and 640:
With regard to this passage of the
- Page 641 and 642:
Patman Garments Industries Limited
- Page 643 and 644:
dishonoured, or if he had broken th
- Page 645 and 646:
Decree of the High Court and declar
- Page 647 and 648:
y the Institute during the 1983/84
- Page 649 and 650:
obdurate if not- thoroughly uncoope
- Page 651 and 652:
examination papers to NBAA for mode
- Page 653 and 654:
against him, so that he could effec
- Page 655 and 656:
maters as the leakage of examinatio
- Page 657 and 658:
Q. Can you tell us anything strange
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IN THE HIGH COURT OF TANZANIA\MAIN
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against a government minister or de
- Page 663 and 664:
injunctive relief is sought? Althou
- Page 665 and 666:
appears to have done, to hold that
- Page 667 and 668:
the applicant leave to apply review
- Page 669:
669
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