By Evarist Baimu Nyaga Mawalla - Home

No cases referred to.Omar and Mustafa, JJ.A. and Mapigano, Ag. J.A.: ThisG appeal emanated from an application by Fredrick G. Kibwana, now therespondent , against the Assistant Registrar of Buildings, the appellant for theorder of certiorari to issue in order to quash the decision of the AssistantRegistrar of Buildings in terminating the tenancy of the respondent.H The prayer for the order of certiorari to issue was granted by the High Court(Mwalusanya, J) ; the decision of terminating the tenancy of F.G Kibwana wasquashed and he was reinstated as the lawful tenant of the premises.Against this decision of the High Court the Assistant Registrar of Buildingsappealed to this court. The most important ground of appeal (and there areeleven of them) was that the order of certiorari. was bad in law. Also the learnedjudge misdirected himself on the fact by holding that the respondent had noalternative remedy available to him.The learned judge quoted para 147 of Halsbury’s Laws of England which statesthat certiorari “will issue to quash a determination for excess or lack of jurisdictionor error of law on the face of record or breach of the rules of natural justice orwhere the determination was procured by fraud , collusion or perjury.”It this case the learned judge held that since the tenant was not served with anydemand notices for arrears of rent or letter of notice to quit the premises, thetenant was condemned unheard which was in breach of rules of natural justice.509