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that the learned Chief justice as well as the Executive ought to have known thatAnnex A was not in compliance with the Constitution. We are equally persuadedto believe that the Executive wrote it and were determined to stick to it becauseprobably, they were convinced that I was in the best interest of the appellant weshall elaborate on this at the appropriate juncture later on in this judgment.Suffice it to say here that Annex D.1 was not made in bad faith We may as wellpoint out here that we have also disposed of the first ground of appeal that thelearned judge erred in holding that Annexes B.1 and B.2 had not been received.The receipt of those Two Annexes is not part of the consolidated six groundsconcerning the admissibility of Annex D.1 However, it has been associated withadmissibility on the issue of bad faith which we have also disposed ofTo go back to Annex D.1 the appellant contended that it is bad in law since it hasretrospective effect and that therefore it should not have been admitted inevidence by the learned judgeThe appellant pointed out that while Annex D.1 was dated 21 st February 1992 itcited the date of the removal from the office of judge as 13 th May 1991 Theappellant referred us to the High Court of Tanzania decision in Shipping line v. R.(1979) LR.T.n 61 at 246 in which it was held inter alia that termination ofemployment with retrospective effect is bad in law. The appellant submitted thatthe situation is worse in the case of employment such as that of a judge which isprotected by the Constitution. Mr. Mono pointed out that Annex A was written on368
24 th May 1991 informing the appellant that he had been removed by retirementin the public interest with effect from 13 th May, 1991 and that although that lettertoo had retrospective effect as Annex D.1 yet the appellant has not complainedagainst it.With due respect that argument of Mr. Mono does not appeal to us at all for twosimple reasons First we cannot say with certainty that the appellant would besatisfied with the retroactivity of Annex. A He has not had the opportunity toargue his application of Annex A. he has not had the opportunity to argue hisapplication for certiorari against that letter. So we cannot say that retroactivitywould not have been one of his grounds for seeking that it be quashed. Secondoven if for the sake of argument we take it that the appellant would not havecontested the retrospective effect of Annex A, we ask: Does his acquiescencerender the retrospective termination of employment lawful if he is right in hiscontention that such termination is had in law?There is no dispute that both letters communication the President’s decisionretrospectively However what we are concerned with here is Annex D.1 and the369
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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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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
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: when questioning the constitutional
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
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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
Page 473 and 474:
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
Page 489 and 490:
(c) for pupose of facilitating impr
Page 491 and 492:
“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
Page 513 and 514:
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
Page 519 and 520:
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
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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