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SYVESUER .210 ... APPICATIONSVorsusTHE UNIVERSITY OF DAR ES SALAAM.... RESPONDENTR U L DI N G SKYANDO j.The application has been brought by students who were in the first year of theFaculty of University of Dar es salaam but were discontinued from theirstudies for next was oiled absenting themselves from an examination It is anapplication for an order of Certiorari to remove to the did court and quash thedecision by the respondent to permanently dismiss the applications from theUniversity of Dar es salaam and an order of mandamus to compel therespondent to allow the applications to return to the University of Dar es salaamcampus to continue with their studies There is also a proper for costs of theapplication and any other relief(s) which this court may deem proper and just to..The application is made under section 2 (2) of the judicature and Application oflaws ordinance Cap 453 and Section 95 of the Civil procedure code 1966 Section17 (2) of the law reform (tatal) Accidents and misollaneous provisions )ordinance (amendent ) act 1968 (Aot No. 25 of 1968) and any ending provision ofthe law it is by394
Both parties are represented by counsel the application areIN THE HIGH COURT OF TANZANIAAT DAR ES SALAAMMISC CIVIL APPLICATION NO.1/15TANZANIA AIR SEVICES LTD ..APPLICANTVERSUS1 MINISTER FOR LABOUR RESPONDERTS2. ATTORNEY GENRAL3. COMMISSIONER FOR LAROURRU L L I N GSAMMATTA J.KIn one of the his well-known books The Road to justice Sir Alfred Denningdiscussed the importance of a judge giving reasons for his decision. He states asfollows at p 29The judge must give reasons for his decision for by so doing he gives proof thahe has heard and considered the evidence and arguments that have beenproduced before him on each side and also that he has not taken extraneousconsiderations into account. It is of course true that his decision my be correcteven though he should give no reasons for it or even though he should give noreasons for it or even give a wrong reason but in order that a trial should e be fair395
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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
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78 TANZANIA LAW REPORTS (1987) T.L.
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Maina ,J This is an application to
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e made informally. But with respect
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82 TANZANIA LAW REPORTS (1987)T.L.R
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Temeke, Dar es salaam, delivered in
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3. that the reference was in any ev
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2. that the application has no righ
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c.c.s.u v, minste for civil service
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communications headquarters (GCHQ)
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)2) of the European Convention on H
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dismiss persons refusing to accept
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matters relating to the dispassion
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extending he requirement of natural
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: M.D. BOMANIAg. JUSTICE OF APPEALJ.L
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
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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
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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
Page 543 and 544:
Because of this, it is normally unn
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students at his school; that he was
Page 547 and 548:
unnaturally took the view that the
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solicitor later at about 12.30 am v
Page 551 and 552:
Mr Baker was arranged for 4 pm that
Page 553 and 554:
counsel with whem a conference took
Page 555 and 556:
easonably benevolent construction o
Page 557 and 558:
Lord Donalsdson MR described Mr Bak
Page 559 and 560:
was made without jurisdiction, then
Page 561 and 562:
Court has been given . If the appli
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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
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
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(a) that up to the 5 th February, 1
Page 639 and 640:
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
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
Page 669:
669
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