By Evarist Baimu Nyaga Mawalla - Home

I am not certain of the sufficiency of Mr. Mchora’s research on the point I askedhim to look into. There are enough materials and decided cases which wouldhave certainly enabled him to form a view on the point. These are for example,the ones I am about to review or refer to below. But he could also have looked at(1951) 11CLJ 40; (1957 1958) 12 NILO 78; de Smith, “Judicial Review ofAdministrative Action” Appendix x1; (19955) 18 MLR 138; (1976) 92LR 334 andRJE Gorden “Judicial Review: Law and Procedure” (1985).The reason I posed the point to Mr. Mchora is because the law Reform (FataAccidents and Miscellaneous Provisions) Ordinance (Amendmont Act, 1968, thesource of the orders of mandamus, certiorari and prohibition in Tanzania,mentions only these three orders. It requires no mentioning, of course, that we inTanzania have adopted the idea of these orders from England. In his book“Administrative Law” 2 nd . Edn., clarendon Press, Oxford (1917), Prof. Wadecomments as follows at p. 127 on the point in so far as the position in England onthese remedies is concerned:-“.prerogative remedies cannot be sought alternatively to other remedies.A plaintiff often needs to ask for remadies in the alternative, for instance fordamages or an injunction or but, as the court may determine. But the prerogativeremedies scan be sought only by their own peculiar process, which reflects theirpeculiar nature..They cannot, therefore, be married to any other form ofaction.”(Underscoring supplied).502