By Evarist Baimu Nyaga Mawalla - Home

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The basis of the High Court decision was118
Administered by inferior tribunals and statutory bodies. And the other school of thoughtconsists of conservatives who have taken a more cautious and reluctant line in theiranxiety not to seem to encroach or to assume an appellate function which they have notgot. However since the decision of the House of Lords in Anisminic Ltd. Vs. ForeignCompensation Commission the number of conservatives is dwindling fast in manycommon law countries.In that case Lord Reid propounded the sentiments which represent the first school ofthought which hereinafter I shall refer to as the broad approach. he said at p. 170:Statutory provisions which seek to limit the ordinary jurisdiction of the court havea long history. No case has been cited in which any other form of word limiting thejurisdiction of the court has been held to protect a nullity.If the draughtsman or parliament had intended to introduce a new kind of ouster clauseso as to prevent any inquiry even as to whether the document relied on was a forgery, Iwould have expected to find something much more specific than the bald statement tofind something much more specific than the bald statement that a determination shall notbe called in question in any court of law. Undoubtedly such a provision protects everydetermination, which is not a nullity. But I do not think that it is necessary or evenreasonable to construe the word determination as including everything which purports tobe a determination but which is in fact no determination at all. And there are no degreesof nullity. There are a number of reasons why the law will hold a purported decision to bea nullity. I do not see how it could be said that such a provision protects some kinds ofnullity but not others: if that were intended it would be easy to say so.”I share those views and adopt them for the purpose of this case. Thus it was said in thatcase that there were many instances where although the tribunal had jurisdiction to enteron the inquiry, it may have failed to do something in the course of the inquiry which is ofsuch a nature that its decision is a nullity.It may have given its decision in bad faith. It may have made a decision which it had nopower to make. It may have failed in the course of the inquiry to comply with therequirements of natural justice. It may in perfect good faith have misconstrued theprovisions giving it power to act.It may have refused to take into account something which it was required to may haverefused to take into account something which it was required to take into account. That isnot an exhaustive list and recently the House of Lords in the case of C.C.S.U. vs.Minister for the Civil Service devised a new nomenclature for the ground upon whichadministrative actions can be subject to judicial review despite the ouster clause. In thatcase lord Roskil commenting of the judgment of Lord Diplock said:“My noble and learned friend Lord Diplock in his speech has devised a newnomenclature for each of these three grounds. Calling them respectively illegality,119
Page 1 and 2:
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
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this was a finding that the judge,
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February 27. The judgment of the ma
Page 57 and 58:
It was a state act performed by the
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A defendant is always entitled to k
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to come before the House of Lord’
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The key word here is “inseparable
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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 and 104: opinion, that where the Court used
Page 105 and 106: JudgeCourt: Now case to be referred
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: Prof. Shivji urged that when the ma
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
Page 155 and 156: eceive a further ⅔ per cent based
Page 157 and 158: alternative and that, reading the u
Page 159 and 160: On the morning of 25 November 1986
Page 161 and 162: The issue is thus whether the histo
Page 163 and 164: The Criminal Injuries Compensation
Page 165 and 166: part of decision - makers and for b
Page 167 and 168: Nothing that I have said can fetter
Page 169 and 170:
underestimating the extent tot whic
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egulation” may be misleading. The
Page 173 and 174:
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
Page 181 and 182:
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
Page 189 and 190:
It is settled in our constitutional
Page 191 and 192:
of judicial innovation to say that
Page 193 and 194:
It follows from the foregoing that
Page 195 and 196:
will not succeed. The court cannot
Page 197 and 198:
The petition originally raised very
Page 199 and 200:
disclosed in that context. He maint
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of the legislation and that there i
Page 203 and 204:
…the restriction imposed at commo
Page 205 and 206:
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
Page 211 and 212:
It extends to modification of those
Page 213 and 214:
These amendments were, therefore, v
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courts in respect of the stay of su
Page 217 and 218:
namely, an assembly or procession n
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of law and order. I provision like
Page 221 and 222:
Until the Legislature makes appropr
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his representatives; the right to r
Page 225 and 226:
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
Page 235 and 236:
A part from the applicants obligati
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It seems that this issue once decid
Page 239 and 240:
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
Page 245 and 246:
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
Page 253 and 254:
For these reasons we are satisfied
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jurisdiction to go wrong. Neither a
Page 257 and 258:
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
Page 279 and 280:
operation was “thoroughly outdate
Page 281 and 282:
In the final analysis, I find that
Page 283 and 284:
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
Page 289 and 290:
The more difficult question is whet
Page 291 and 292:
Turning now to the requirement that
Page 293 and 294:
The appeal is allowed with cast, an
Page 295 and 296:
6. Tanzania Air service ltd v minis
Page 297 and 298:
A company (Cyanamid) register a pat
Page 299 and 300:
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
Page 311 and 312:
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
Page 321 and 322:
e made informally. But with respect
Page 323 and 324:
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)
Page 335 and 336:
)2) of the European Convention on H
Page 337 and 338:
dismiss persons refusing to accept
Page 339 and 340:
matters relating to the dispassion
Page 341 and 342:
extending he requirement of natural
Page 343 and 344:
continue to be enjoyed although mig
Page 345 and 346:
the grounds upon which administrati
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alter right or obligations enforcea
Page 349 and 350:
I agree with your Lordships tat thi
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the appellants employment be termin
Page 353 and 354:
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
Page 363 and 364:
to response to the .. of an appell
Page 365 and 366:
Was Annex D.1 made in bad faith? Th
Page 367 and 368:
when questioning the constitutional
Page 369 and 370:
24 th May 1991 informing the appell
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We are therefore of the opinion tha
Page 373 and 374:
him of that decision is in our view
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usurp the function of the High Cour
Page 377 and 378:
MAUGHAM in maritime Elective C. Ltd
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We again agree with the learned jud
Page 381 and 382:
However, the learned judge skipped
Page 383 and 384:
filing of statements could not be s
Page 385 and 386:
even to seem to express an opinion
Page 387 and 388:
As we have already intimated the te
Page 389 and 390:
the removal. But we reject the earl
Page 391 and 392:
the Daily News and Uhuru newspapers
Page 393 and 394:
M.D. BOMANIAg. JUSTICE OF APPEALJ.L
Page 395 and 396:
Both parties are represented by cou
Page 397 and 398:
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
Page 403 and 404:
the fundamentals of good administra
Page 405 and 406:
mandamus should be made but it must
Page 407 and 408:
6. EXERCISE OF DISCRETIONARY POWERS
Page 409 and 410:
Mr. Mselem was at a loss to know un
Page 411 and 412:
under s. 3 (3) of Cap. 104 and none
Page 413 and 414:
affidavit and the representations o
Page 415 and 416:
17 th June 1987 requiring him to le
Page 417 and 418:
SongeaMohamed Ally Athumani now 54
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Ally Athumani PW1 had received. He
Page 421 and 422:
Home is cases of ones in search of
Page 423 and 424:
nothing about the subject matter as
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commissioner of Songea District was
Page 427 and 428:
in all details to the one issued to
Page 429 and 430:
approved by village Governments. DW
Page 431 and 432:
forces that are always inconsistent
Page 433 and 434:
under the Business licincing Act No
Page 435 and 436:
applicants these could definitely n
Page 437 and 438:
person against who he intends issue
Page 439 and 440:
dealings. Expedient is not this Rep
Page 441 and 442:
espondent to discharge its function
Page 443 and 444:
(i) an order of certiorari 8 and se
Page 445 and 446:
Mr. Mwaikusa argued that the releva
Page 447 and 448:
that the Government has set on itse
Page 449 and 450:
AT DODOMACIVIL CASE NO. 23 OF 1993J
Page 451 and 452:
for Tabora Region . By a letter dat
Page 453 and 454:
of the Constitution or the law of t
Page 455 and 456:
Another important consideration und
Page 457 and 458:
have been taken into account, wheth
Page 459 and 460:
withstanding the existence of an ou
Page 461 and 462:
arbitrary decision. And it offends
Page 463 and 464:
to the Principal Secretary to the P
Page 465 and 466:
I heard long and interesting arqume
Page 467 and 468:
public interest; second, it is the
Page 469 and 470:
the former the Principal Secretary
Page 471 and 472:
I think I can dispose of this matte
Page 473 and 474:
the whole field of the law relating
Page 475 and 476:
declaration except in a negative so
Page 477 and 478:
itom 108(1) of the First schedule t
Page 479 and 480:
egards the commission’s report, t
Page 481 and 482:
RULLINGSAMATTA, JK:This is an appli
Page 483 and 484:
impugned decision. As expected, I w
Page 485 and 486:
(g) on retirement in circumstances,
Page 487 and 488:
etire otherwise than on disciplinar
Page 489 and 490:
(c) for pupose of facilitating impr
Page 491 and 492:
“Whatever pleases the emperor has
Page 493 and 494:
decision has, I agree with Mr Nasso
Page 495 and 496:
Before I part with this application
Page 497 and 498:
7. REMEDIES1. Ajit Gordhan v Direct
Page 499 and 500:
21. Simeon Manyaki v Executive Comm
Page 501 and 502:
of which was annexed to the affidav
Page 503 and 504:
The above position was enshrined in
Page 505 and 506:
such as damages or on injunction. T
Page 507 and 508:
Should the prayer then be granted i
Page 509 and 510:
No cases referred to.Omar and Musta
Page 511 and 512:
IN THE HIGH COURT OF TANZANIAAT DAR
Page 513 and 514:
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
Page 519 and 520:
ANDESSO STANDARD TANZANIA LIMITED .
Page 521 and 522:
proceed by way certiorari. He can f
Page 523 and 524:
AT MWANZACORAM: OMAR, J.A. HNZAVAS,
Page 525 and 526:
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
Page 579 and 580:
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
Page 659 and 660:
IN THE HIGH COURT OF TANZANIA\MAIN
Page 661 and 662:
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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