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TABLE OF CONTENTS1. INTRODUCTION; NATURE AND SCOOPE OF JUDICIAL REVIEW1.1 Shivji. I.G , Development in Judicial Revenue in Mainland Tanzania, Paperpresented in the Judges, Courses on Constitutionalism & Human Rights,21.09.1998.1.2 Maharaj V Attorney General of Trindad & Tobago (No.2.) (1979) AC 385.2. JURISDICTION AND OUSTER CLAUSES2.1 Anisminic Case2.2 Attorney General V Lohay Aknonaay & Anor, Civil Appeal No. 31 of 1994,(CA)2.3 BAWATA & 5 others V Registrar of Societies , Misc, Civi. Cause No. 27 of 19972.4 DPP V Angelina Ojare, Criminal Appeal No. 21 of 1997, (CA)2.5 Hamisi Ally Ruhondo & 115 v TAZARA, Civ. Appeal No. 11986(C.A)2.6 In Re: Ministry of Labour (Applicant Joseph Cassian), Misc. Civil cause No. 14of 1977, HC at DSM2.7 Mwanza Restaurant V Mwanza Municipal Director, Misc. Civ cause No.3 of1987, HC at Mwanza2.8 OTTU v Attorney General & Anor. Civil case No. 53 of 1994, HC at Dar-es-Salaam2.9 R v panel of Take –over and Mergers, ex p Datafin [1987] Q.B.8153. LOCUS STANDI3.1 Lujuna Shubi Ballozi v The registered trustee of trustee of CCM, Civil case No.214 of 19943.2 Mtikila v Attorney General, Misc. civil case No.5 of 1993, HC at Dodoma4. PROCEDURE4.1 American Cyanamid v Ethicon Ltd [1975]1 ALLE.R 5044.2 Andrew W. Nkuzi v Tanzania Sisal Authority, Misc. Civ cause No.3 of 1994, HCat Dar-es-Salaam2
4.3 Assistant Imports controller v Magnum agencies Civappeal No.20 of 19904.4 Farmers Bus Services v Transport Licensing Appeals Tribunal (C.A) [1959] E.A7794.5 Golcher v General Manager of Morogoro canvas Mill 1987 TLR 78 (HC)4.6 Josia Balthazar Baiz & others v Attorney General Civ. Cause no. 39 of 19974.7 Kahama Goldmines v Minister for Energy, Misc. Civ cause 127 of 1988, HC atDar-es-Salaam.4.8 Mecaina Establishment v Commissioner for Income Tax No. 14 of 1995, (AC)4.9 Mtikila & another v AG & another, Civ. Appeal No. 28 of 19954.10 NHC v Tanzania Shoe Co & 28 others, Civ. Appeal No. 40 of 1994 (AC)4.11 Peter Ng’omango v Mwangwa & AG, Civil case No. 22 of 1992, NHC atDodoma4.12 Pumbun & Anor. V AG, Civil Appeal No. 32 of 19925. GROUNDS5.1 Amir Juma & 15 Others v THA, Misc. civil case No. 37 of 1980, HC at Dar-es-Salaam5.2 CCSU v Minister for Civil Service [1985] AC 3855.3 I.S Msangi v JUWATA & Anor [1992[ TLR 259(AC)5.4 Mwakibete v Principal Secretary & AG, civil Appeal No.27 of 19925.5 Sylvester Cyprian & 210 others v University of Dar-es-Salaam. Misc. civilApplication No. 68 of 19945.6 Tanzania Air Services Ltd v Minister of Labour 7 others, Misc. civil case No. 1 of19956. EXERCISE OF DISCRETIONARY POWERS6.1 Abdi Athuman & 9 others v DC. Tunduru & 3 others Consolidate Misc. civil caseNo. 2 & 3 of 19876.2 Festo Balegele & 794 others v DSM City Council Misc. civil case No. 90 of 19916.3 James Gwagilo v AG, Civil case No. 23 of 19933
Page 1: A COMPILATION OF CASES OF JUDICIAL
Page 6 and 7: appropriate respondent, i.e, if in
Page 8 and 9: the individual complaining of breac
Page 10 and 11: of the Constitution that there shou
Page 12 and 13: y one judge of the High Court. Desp
Page 14: Question(1) Their Lordship can deal
Page 17 and 18: ights and freedoms to satisfy the r
Page 19 and 20: The contravention was in the past;
Page 21 and 22: is entitled. The respondent must pa
Page 23 and 24: independence, as the result of nego
Page 25 and 26: emedy, but only by consent of the C
Page 27 and 28: policy justifies these distinctions
Page 29 and 30: compulsorily on payment of .compens
Page 31 and 32: have already touched on this. I do
Page 33 and 34: ‘s favour would have been a right
Page 35 and 36: in cases of judicial misbehavior, a
Page 37 and 38: of course, is not in the ordinary s
Page 39 and 40: of these provisions is to ensure th
Page 41 and 42: which he appealed by special leave.
Page 43 and 44: does not exclude the application of
Page 45 and 46: “………no person should be pun
Page 47 and 48: state. By section 19 (2) of the Cro
Page 49 and 50: tot for anything done by Maharaj J.
Page 51 and 52: 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 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 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
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
Page 171 and 172:
egulation” may be misleading. The
Page 173 and 174:
More recently, in Reg. v. British B
Page 175 and 176:
NICHOLLS L.J. I entirely agree with
Page 177 and 178:
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 and 230:
I hereby certify that this is a tru
Page 231 and 232:
It is sworn further that in the cou
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
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 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)
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
Page 333 and 334:
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
Page 347 and 348:
alter right or obligations enforcea
Page 349 and 350:
I agree with your Lordships tat thi
Page 351 and 352:
the appellants employment be termin
Page 353 and 354:
The trial judge dismissed appellant
Page 355 and 356:
the view that the appellant’s ter
Page 357 and 358:
Court did not stop there. It consid
Page 359 and 360:
In English I have been instructed t
Page 361 and 362:
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
Page 371 and 372:
We are therefore of the opinion tha
Page 373 and 374:
him of that decision is in our view
Page 375 and 376:
usurp the function of the High Cour
Page 377 and 378:
MAUGHAM in maritime Elective C. Ltd
Page 379 and 380:
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
Page 399 and 400:
administrative law as seriously as
Page 401 and 402:
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
Page 419 and 420:
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
Page 425 and 426:
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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