By Evarist Baimu Nyaga Mawalla - Home

Mr. Kakoti the respondents solicitor submitted that the respondent indisposing refuse at Kunduchi Mtongani is performing a statutory duty lawfullyin land filing the abandoned stone quarries at Kunuchi Mtongan therespondent are reconditioning the land trough sanitary land filing. This actionwas not ultra vires the Act. As the sought order of mandamus Mr. Kakotisubmitted that the applicants had not complied with the conditions precedentfor the issue of the Order Alfred Lakarr. My Town Director Arusha 70On the submission by Mr. Mwaikusa that the respondent appeared to beactin on dictation of the Central Government thereby making its action ofdumping garbage at Kunduchi Mtongani ultra vires the Act. Mr. Kakotisubmitted that it was the duty of the Treasury of the Republic to provide suchfunds as were adequate for the provision of public health service. On theorder of prohibition, Mr. Mujulizi submitted that it was not the intention therespondent to dispose refuse at Kunduchi indefinitely. The decision todispose refuse at the area was a temporary one whole the respondent waslooking for an alternative place for the duping refuse. Mr. Mujulizi prayed thatthe court exercise its dissertational favor of the respondent who wouldotherwise fail to perform its statutory duty of refuse collection and disposal.I have above dealt with the issue of courts jurisdiction in entertainingapplication for orders of certiorari, prohibition and mandamus’s. it is best that Imove to deal with the issue of the lacustandi of the applicants as both Mr.Mwaikuswa and Mr. Kakoti had touched the subject in their submissions. It isnot disputed that the applicants are residents of Kunduchi Mtongani Thistaken together with the several facts that I have outlined above as notdisputed make the applicants persons aggrieved by the decision of therespondents. I accept the affidavit of Festo Balegele that the residents ofKunduchi Mtongani working through its committee fo which the said FestoBalegele was the secretary and through its Member of parliament had maderepresentations to the respondent among others to stop dumping the City’scollected refuse and waste at Kunduchi Mtongani but to no avail. Theirrepresentations were not taken seriously.Taking into consideration the submission of Mr. Mwaikusa on its issue I findthat the applicants resort to this court was in order. As what this court hadsaid in Abdi Athumani and others v. The District Commissioner of TunduruDistrict and 3 others (supra) appropriately covers the application in theapplication under consideration I find it fitting to adopt it hereApplicants in resorting to this court have done nothing wrong orunconstitutional at all. For the applicants to have come to this court in searchof justice have demonstrated their belief in the even handed administration ofjustice in this Republic. Every citizen has a right when he feels that theGovernment does not function within the ambit or limitws dictated by justice446