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The second respondent’s counter-claim was dismissed but nothing further wassaid about. The general rule in civil cases is that costs follow the event. That is tosay the successful party is entitled to recover his costs unless there are groundsfor ordering otherwise. In this case the appellant was the successful party as faras the counter-claim was concerned, and according to he general rule he wasentitled to recover his costs. The trial judge gave no reasons and we could findnone, for departing from the general rule. On that account we find that theappellant was wrongly denied his costs following the dismissal of the counterclaimagainst him.In the result we allow the appeal. The decision of the High Court is set aside, andinstead thereof we enter judgment for the appellant as prayed in the plaint. Weaward shilling 200,00/= damages for the defamation and shillings 50,00/= for thewrongful termination of employment. The appellant shall have his costs both inthis court and in the Count below, the latter to include costs in respect of thedismissed counterclaimALLY HASSAN MPAPATA v, REPUBLIC(HIGH COURT OF TANZANIA (MKUNDEM J, )7 September 1992 – DAR ES SALAAMCriminal practice and procedure – pleas – plea of putrefies acquit whether available where previous proceedings have been declaredand voidConsent for prosecution of an economic offence was given a person who was notauthorized to do so. This point escaped the attention of the trial court, the trialproceeded and the accused and acquitted for insufficiency of evidence. TheD.P.P. appealed to the High Court. Preliminary objections were raised one ofwhich was that he was not competent to do so. The High Court upheld thisobjection and declared the proceedings in the lower court null and void. The356
Court did not stop there. It considered the evidence adduced at the trial, upheldthe acquittal of the accused and dismissed the appeal by the D.P.P.The D.P.P. then prepared a fresh charge whose particulars of offence alleged thedame offence and was word for word similar to the charge in the previous trialdeclared to be a nullity by the High Court. Consent for prosecution was dulygivenThe accused persons, when required to plead, raised the plea of autrefois acquitis not available to an accused person whose previous trial has been declared nulland voidAppeal dismissed.IN THE COURT OF APPEAL OF TANZANIAAT ARUSHA(CORAM RAMADHANI J.A BOMANI Ag J.A AND KANYWANICIVIL APPEAL NO. 27 OF 1992BETWEENMOSES J. MWAKIBETE.. APPELLANTAND357
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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
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Delivered.Dr. Lamwai for the Applic
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However, he pointed out that it is
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IN THE COURT OF APPEAL OF TANZANIAA
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anything, he was simply answering w
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appellants the opportunities of bei
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For these reasons we are satisfied
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jurisdiction to go wrong. Neither a
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Essentially these grounds are alleg
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in agreement. However, the advocate
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Attorney General was duly summoned,
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Once we hold as indeed we do, that
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surfaced from the very beginning. I
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of Dodoma Zone Mr. Mwambe duly inst
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26 Act No. 16 of 198427 Chapter 360
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the case of Attorney-General v. Les
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1991on the Democratic system in Tan
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efusal in short the decisions were
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public interest should not be too b
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operation was “thoroughly outdate
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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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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
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Page 339 and 340: matters relating to the dispassion
Page 341 and 342: extending he requirement of natural
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Page 345 and 346: the grounds upon which administrati
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Page 349 and 350: I agree with your Lordships tat thi
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Page 353 and 354: The trial judge dismissed appellant
Page 355: the view that the appellant’s ter
Page 359 and 360: In English I have been instructed t
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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
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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
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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
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
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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
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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
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the Crown. (In this summary 1 put o
Page 571 and 572:
emedy against theCrown was not conf
Page 573 and 574:
easonable doubt as to the identity
Page 575 and 576:
Section 23 (2) (2) refers to petiti
Page 577 and 578:
Corwn in general, then s 21 (2) wou
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epresenting the Crown, the third th
Page 581 and 582:
obtain an injunction (see also Merr
Page 583 and 584:
A both because there would be an in
Page 585 and 586:
It is interesting to note the comme
Page 587 and 588:
prohivition or certiorari (b) the n
Page 589 and 590:
proceedings as was available to you
Page 591 and 592:
lack of jurisdiction to grant inter
Page 593 and 594:
egarded as being open to challenge
Page 595 and 596:
quite out of accord with practice,
Page 597 and 598:
The validity of the injunction gran
Page 599 and 600:
IN THE HIGH COURT OF TANZANIAAT SON
Page 601 and 602:
October; 1993, the Regional Commiss
Page 603 and 604:
statutory authority for doing so, t
Page 605 and 606:
egulation 10 as read with S. 55 (1)
Page 607 and 608:
(4) In such a case the tribunal, wh
Page 609 and 610:
the penalty demands notwithstanding
Page 611 and 612:
question I have posed and speaking
Page 613 and 614:
first two prayers, to wit, orders o
Page 615 and 616:
and illegally taking then away from
Page 617 and 618:
I conceded that as wrong in view of
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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
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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
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
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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
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669
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