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IN THE HIGH COURT OF TANZANIAAT DAR ES SALAAMMAIN REGISTRYMINC..CIVIL CAUSE NO ……………… 39 OF 97JOSIAHN BARTHAZAR BAIZI & 138 OTHERS……….. APPLICANTSVERSUSATTORNEY GENERAL & OTHERS……………….. RESPONDENTSRULLINGMACKANJA. J.Josiah Balthazar Baisi and 137 others have lodged achamber application in which they pray for leave to apply for the prerogative orders ofprohition and mandamus. The application is supported by the affidavit of the said JosiahBatlthaza Baisi, to whom I will henceforth refer alternately by name and as the firstapplicant.The affidavil supporting the application contains sixteen paragraphs. The first twoare devoted to lay the foundation for the communality of interest which has galvanizedthe applicants to act in unison. Indeed it also appears that it is that common interest, if itexists at all, they seek to protect. It is in that behalf that Josiah Balthazar Baisi has beenauthorized by his co – applicants to swear the affidavit supporting the application.He swears in paragraph two of that affidavit that lie is the chairman of the COMMITTEEAGAINST PROPERTY DEPRIVATION WITHOUT FULL AND FAIRCOMPENSATION THROUGH DANISH “AID” TO TANZANIA.It seems as he swears, that the first application is conversant with the facts towhich he responded by reason of the readership position he enjoys in that committee.3,4,5,6, and 7 of the first applicant’s affidavit contain testimony relating to his owninterest in the suit land. He swears that he owned his own interest in the suit land.He swears that he has owned his part of the suit land since 1950 and it is a deemed rightof occupancy known as Plot No. 8 Block C. Kimara Dar es Salaam. His parcel of land,which lies between O and mile is surveyed and is within a distance of seventy five (75)feet from the centre of the Morogoro high way, document relating to the survey of thatparcel of land are Annexture IA and IB to the applicant’s affidavit. Point “O” referred toin paragraph 5 is the Askari Statue or monument in the City of Dar es Salaam.230
It is sworn further that in the course of his apparently undisturbed possession theapplicant developed the land by erecting both commercial and residential premises, andthat he executed those works without warning or objection from all or any of therespondents.Paragraphs 9, and 10 specifically relate to matters of a general nature concerninginterest in the suit land that the other applicants allege they enjoy severally. For instance,it is sworn in paragraph 8 that the majority of the parcels of land that are occupied by theother applicants lie between 6.22 and 23.12 miles from the Askari statue and within adistance of between seventy – five (75) feet and four hundred (400) feet from the centreof the Morogoro highway. According to paragraphs 9 and 10 of the affidavit the bulk ofthe lands occupancy, and that the rest of those lands are held under rights of occupancygranted under the Land Ordinance Cap. 113.In common with the first applicant’s own land, it is sworn that the other parcels of landhave been developed without let or hindrance from anyone, with residential andcommercial buildings and farms.The peaceful possession of the suit parcels of land changed into uncertainly whensometime in 1991 the second respondent and/or the third respondent marked with an “X”all buildings then standing on the suit land, denoting Government intention to demolishthem. It seems that it was not desired to effect that intention immediately.For it was on Friday, the 11 th day of July, this year that the Deputy Minister of Worksannounced Government resolve to effect that intention when he made a statement in theNational Assembly which according to paragraph 12 of the affidavit contained thefollowing directives, that is to say:-(i)(ii)(iii)(iv)(v)That Government intends to undertake extensive expansion of the MorogoroRoad between Ubungo and Kimara/Temboni.That the Ministry of Works required the applications to demolish, at their owncost, their houses, buildings and other structures before 1 st September 1997.That the Ministry of Works would itself carry out the demolition after 1 stSeptember, 1997.That no compensation would be paid to the applicants; andThat the applicants would bear the cost o such demolition by the Ministry.It is sworn in paragraph 13 of the supporting affidavit that on diverse dates as reported inthe print media., annextures marked IIA, IIB, IIC, IID, IIE, IIF, IIG, and IIH, that theDeputy Minister of Works and on behalf of the second and third respondents, repeatedly231
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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
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this was a finding that the judge,
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February 27. The judgment of the ma
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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
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the High Court within a limited tim
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Ouster clauses which take effect on
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jurisdiction if they are disputed b
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eviction by NAFCO. The special and
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separation of powers enshrined in t
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2. that the Honorable trial judge e
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section 2 of land ordinance, 1922 i
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statutorily on trust for the benefi
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such consent is required only in ca
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language of that section precludes
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There is merit in this ground of ap
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section 4 and would undoubtedly hav
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Clearly this section in unconstitut
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ional crystallization, of the idea
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That, the exparte application for t
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espect, after all is said, and writ
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to BAWATA’s Secretary General who
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From the above persuasive cases, I
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opinion, that where the Court used
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JudgeCourt: Now case to be referred
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the charge had already been entered
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was violative of her basic right as
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in that court, and in the course of
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In the result the appeal by the Dir
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that the proceedings before the Tri
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Prof. Shivji urged that when the ma
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Administered by inferior tribunals
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was found to be a nullity for irrat
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Those who espouse the narrow approa
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31. (1985) At p. 3532. One of the p
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Application on merits. Mandamus iss
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Those who exist above the people mu
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November 1986 they made a market su
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In the case at hand of course the a
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of each case, but it a fundamental
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I note that in the Advisory Committ
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The complaint is not that a person
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The applicants. Who were bidding in
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A paradigm,but not the only case of
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claims not to contain legal rules,
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743. All these cases show that it i
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as conclusive of the absence of a c
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The code is therefore framed in non
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“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
Page 179 and 180: appellant was tried on a count char
Page 181 and 182: founder parties should have used th
Page 183 and 184: (4) Since the case is based on aver
Page 185 and 186: Thus we held that any member of the
Page 187 and 188: 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
Page 201 and 202: 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
Page 207 and 208: I agree and can not wish to add any
Page 209 and 210: 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
Page 215 and 216: courts in respect of the stay of su
Page 217 and 218: namely, an assembly or procession n
Page 219 and 220: of law and order. I provision like
Page 221 and 222: Until the Legislature makes appropr
Page 223 and 224: his representatives; the right to r
Page 225 and 226: in the Constitution? In that case t
Page 227 and 228: to appoint persons to offices in th
Page 229: I hereby certify that this is a tru
Page 233 and 234: applicants. And if I may say now, a
Page 235 and 236: A part from the applicants obligati
Page 237 and 238: It seems that this issue once decid
Page 239 and 240: Finally, Mr. Werema made an alterna
Page 241 and 242: to find a case which shows there is
Page 243 and 244: Delivered.Dr. Lamwai for the Applic
Page 245 and 246: However, he pointed out that it is
Page 247 and 248: IN THE COURT OF APPEAL OF TANZANIAA
Page 249 and 250: anything, he was simply answering w
Page 251 and 252: appellants the opportunities of bei
Page 253 and 254: For these reasons we are satisfied
Page 255 and 256: jurisdiction to go wrong. Neither a
Page 257 and 258: Essentially these grounds are alleg
Page 259 and 260: in agreement. However, the advocate
Page 261 and 262: Attorney General was duly summoned,
Page 263 and 264: Once we hold as indeed we do, that
Page 265 and 266: surfaced from the very beginning. I
Page 267 and 268: of Dodoma Zone Mr. Mwambe duly inst
Page 269 and 270: 26 Act No. 16 of 198427 Chapter 360
Page 271 and 272: the case of Attorney-General v. Les
Page 273 and 274: 1991on the Democratic system in Tan
Page 275 and 276: efusal in short the decisions were
Page 277 and 278: public interest should not be too b
Page 279 and 280: operation was “thoroughly outdate
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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
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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
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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
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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
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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
Page 509 and 510:
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
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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
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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
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had interfered with the administrat
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LORD TEMPLEMAN. Parliament makes th
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LORD GRIFEITHS. My Lords, I have ha
Page 543 and 544:
Because of this, it is normally unn
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students at his school; that he was
Page 547 and 548:
unnaturally took the view that the
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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
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Corwn in general, then s 21 (2) wou
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epresenting the Crown, the third th
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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
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egulation 10 as read with S. 55 (1)
Page 607 and 608:
(4) In such a case the tribunal, wh
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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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