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5 GROUNDS1. Amri Juma & 15 others v Tha , Misc. Civil case No. 37of 1980 HC at Dar-es-salaam2. CCSU v Minster for civil service (1985 ) AC 3853. . I.S Msangi v JUWATA & Anor. (1992 TLR 259 (CA)4. Mwakibete v principal secretary & AG, civil Appeal No27 of 19925. Sylvester Cyprian & 210 others v university fo Dar essalaa. Misc. civil Application No 68 of 1994294
6. Tanzania Air service ltd v minister of labour & othersmisc/ civil cause no. 1 of 1995`504ALL England Law Reports (1975) 1 All ERone of the fractions which was not separated out died one would then have sub-s(4) applying so as to make the whole of the three quitters which have not beenseparated our deemed to be disposed of for the purposed of capital gains tax. Itseems to me that that is really a very odd use of these two subsections295
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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
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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
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
Page 281 and 282: In the final analysis, I find that
Page 283 and 284: J. dated the 24 th day of October,
Page 285 and 286: though we felt that the learned Sta
Page 287 and 288: (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: The appeal is allowed with cast, an
Page 297 and 298: A company (Cyanamid) register a pat
Page 299 and 300: 506 All England Law Reports (1975)
Page 301 and 302: a. patents in 1953 (Lowe) and 1954
Page 303 and 304: efore any question of balance of co
Page 305 and 306: object that I have indicated above
Page 307 and 308: this. Returning therefore to the in
Page 309 and 310: MAGNUM AGENCLES COMPANY LIMITED RES
Page 311 and 312: Without going into his locals stand
Page 313 and 314: BANK OF TANZANIA MWANZABut the prop
Page 315 and 316: Similarly the present record does n
Page 317 and 318: 78 TANZANIA LAW REPORTS (1987) T.L.
Page 319 and 320: 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
Page 325 and 326: Temeke, Dar es salaam, delivered in
Page 327 and 328: 3. that the reference was in any ev
Page 329 and 330: 2. that the application has no righ
Page 331 and 332: c.c.s.u v, minste for civil service
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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
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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
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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
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Mr Mallaba has traced the history o
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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
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tenants, one enjoying legal protect
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the provisions of the Rent Restrict
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Lastly, in ground 5 the appellants
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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
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Because of this, it is normally unn
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students at his school; that he was
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unnaturally took the view that the
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solicitor later at about 12.30 am v
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Mr Baker was arranged for 4 pm that
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counsel with whem a conference took
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easonably benevolent construction o
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Lord Donalsdson MR described Mr Bak
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was made without jurisdiction, then
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Court has been given . If the appli
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in the earlier case may have coused
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As the Sovereign cannot authorize w
Page 567 and 568:
When dismissiong the action Romer I
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the Crown. (In this summary 1 put o
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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
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prohivition or certiorari (b) the n
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proceedings as was available to you
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lack of jurisdiction to grant inter
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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
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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)
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(4) In such a case the tribunal, wh
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the penalty demands notwithstanding
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question I have posed and speaking
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first two prayers, to wit, orders o
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and illegally taking then away from
Page 617 and 618:
I conceded that as wrong in view of
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unquestionability upon its decision
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deciding what the decision-maker sh
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ut the judges must observe the cons
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intended to furtmore national polic
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society. That observation applies t
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In the event, the prayer for a decl
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25 th January 1978. However on 5 th
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missing from the trial court record
Page 635 and 636:
One of the conditions set out in th
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(a) that up to the 5 th February, 1
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With regard to this passage of the
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Patman Garments Industries Limited
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dishonoured, or if he had broken th
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Decree of the High Court and declar
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y the Institute during the 1983/84
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obdurate if not- thoroughly uncoope
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examination papers to NBAA for mode
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against him, so that he could effec
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maters as the leakage of examinatio
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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
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injunctive relief is sought? Althou
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appears to have done, to hold that
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the applicant leave to apply review
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669
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