By Evarist Baimu Nyaga Mawalla - Home

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een produced and marked exhibit P.1 and to Adam Hussain V2 which had beenproducer and marked as Exb.3 and Athumani Shali Kombo PW3 which wasproducer and marked exh.P.8 was addressed to charmed AllyIt was produced in court and marked as Exh.P.10 Mohamed Ally Athumani PW4went to see the District court of Songea District and was issued with a letterproduct.. as Exhj. P.11 It was identical to those given to the previous threewitness as which required the said Mohamed Ally And to be out Songea Districtby or on 30 th June 1987 if he wanted to unpleasantness Like other witnesses,Mohamed Ally Ahmed was not told where to He decided to go in search ofjustice.Mohamed Omari P 5 a Tanzania from his temporary travel document No. 1391was born at village the 3 rdApril 1959 is a Songea had been living at theMautombo songea Rural running a hotel and guest house. The businessfollowing the qunfication of his business licences by th Regional Crims officercalled Ally Makame. The Regional Crimes officer showed Mohamed Omari PW2no written authority for the confistication of the business lices did he give him anyreason for the mentioned confiscation of this business licence All the RegionalCrime officer did tell Mohamed omare was that he Mohamed Omare if he hadwanted to know anything more about the the matter should go and see theRegional Police commander or the Regional Commissioner of Ruvuma RegionHe want and separately saw these officers but was given no reason by eitherjustifying the decision of the Regional Crime officer he Mohamed Omare P.W.5first went to see the Regional Police Commander who had told him that he know422
nothing about the subject matter as to the Regional Police commander RuvumaRegion was at the time of the indent at Tunduru did however promise toinvestigate the matter. Omare them went to see the Regional Commissionerwho also told him that he knew nothing about the case as he been away atDodoma for one month Dissatisfied by these replies he went to see the Tradeofficer Songea Rual who told him PW5 to address a letter to the Regional Crimesofficer the Regional Trade officer and the District commissioner Songea Districtcomplaining about the act of the Regional crims officer. PW2 stated that he didthis but received no reply to his letter. He decide to go and see his advocate Mr.Mwingira of Mwingira and Advocated Company . He instructed him to institute alegal action against the Regional of crimes officer. He was however given no timeby the authorities to see this question grouch the courts he was repatriated outof Songea District under Police escort. He produced a removal order markedExh. 12 which appears to have been handed to him on the 1 st April 1987 Thedocument is of interest respite Mohamed Omare’s tremetin by the authoritiesreminiscent of these to natives coming colonial period the reason givenfor the removal of the said Mohamed Omari in view of the facts know to theDistrict Commissioner lack truth and show the cocause nature other people liveswere being taken Anything seemed top go Para (d) fo this document (exhibit I.12)provided(Mohamed Omari) is a person having no seal within the township and his distinctof oring of last place of order my residence is within the Territory but outside423
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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
Page 45 and 46:
“………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
Page 65 and 66:
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
Page 89 and 90:
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
Page 109 and 110:
was violative of her basic right as
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in that court, and in the course of
Page 113 and 114:
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
Page 123 and 124:
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
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
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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,
Page 147 and 148:
743. All these cases show that it i
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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
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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
Page 167 and 168:
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
Page 181 and 182:
founder parties should have used th
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(4) Since the case is based on aver
Page 185 and 186:
Thus we held that any member of the
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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
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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
Page 257 and 258:
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
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continue to be enjoyed although mig
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the grounds upon which administrati
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alter right or obligations enforcea
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I agree with your Lordships tat thi
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the appellants employment be termin
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The trial judge dismissed appellant
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the view that the appellant’s ter
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Court did not stop there. It consid
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In English I have been instructed t
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the respondents such order was gran
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to response to the .. of an appell
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Was Annex D.1 made in bad faith? Th
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when questioning the constitutional
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24 th May 1991 informing the appell
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: Home is cases of ones in search of
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
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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
Page 485 and 486:
(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
Page 493 and 494:
decision has, I agree with Mr Nasso
Page 495 and 496:
Before I part with this application
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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
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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 .
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proceed by way certiorari. He can f
Page 523 and 524:
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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