By Evarist Baimu Nyaga Mawalla - Home

Administrative Law” also point out, at p. 682, that the reforms were givenstaturory recognition by the supreme court Act, 1981, section 31 (They had beenoriginally introduced (in 1977) by adding a new Order 53 to the Rules of theSupreme court. These reforms represent a great advance in England on thepoint under consideration herein. Under the Law reform (Fatal Accidents andMisc. Provisions) Ordinance (Amendment) Act, 1968, the Chief Justice is tomake rules providing for the manner in Tanzania of applying for the orders whichthe Act provides for, i.e. the orders of prohibition, mandamus and certiorari. Tomy knowledge, and as Mapigano J., also point out in his ruling I have reffered toabove, up to now the Chief Justice has not made the rules. It is hoped that if andwhen he makes them he will adopt the very reformed and flexible procedureobtasining in England at the moment, i.e. the procedure for applying forprerogative orders.For now, however, I think the position in Tanzania is, as I have already indicated,as stated by Mapigano, J., if the part of his ruling which I have reproduced above.I hold, like Mapigano, J., therefore, that an order for temporary injunction, or“temporary suspension” (the words employed by the applicant in the Chambersummons) as sought as a second prayer in this application can be joined with aprayer or application for a prerogative order or orders, subject of course, toconsiderations of convenience and justice.506