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The high court dismissed the application, the learned judge holding that G.N.41/92 was both intra vires and constitutional. He held that since contrary to theappellantss’ assertions, G.H. 41/92 exempts a class of premises i.e. those ownedby the specified parastatal bodies, the orde is in accord not inconsistent with theparent Act and that therefore it is within its amit. Regarding the constitutionality ofG.N. 4192, the learned judge held firstly that it cames within the savingPROVISONS OF Article 30 (2) of the Constitution because it is not drafted insuch wide terms as to net untargeted groups. Secondly that it is notdiscriminatory in that it affects all the tenants of the specified parastatals. Thirdlythat it does not shut out the tenants of the specified parastatals from legalrecourse in that ordinary Courts are available to the tenants to enforce theircontractual rights against their landlords. Fourthly that although the G.N. Shouldhave contained a provision limiting the power of the parastatals to increase rentto economic rent, he held that the absence of such a clause was not fatal as theCourts can still intervene where unconscionable increases in rent are made.Accordingly he dismissed the application with costs.Against this decision the appellants filad this appeal. Mr. Matata learnedCounsel, on behalf of the appellants filed five grounds of appeal. In the firstground he complained that the learned judge having found that the 1 strespondent’s order (G.N. 41/92) has no legal safeguards against the abuse ofpower, he ought to have found that the order is bad in law and unconstitutional526
ecause it violates Article 13 of the constitution of the United Republic ofTanzania. At the hearing of this appeal, Mr. Matata exapanded on this complaintsubmitting that G.N. 41/92 is unconstitutional because first if allows the secondrespondent to act arbitrarily and secondly it violates the second respondent to actarbitrarily and secondly it violates the concept of equality before the law enshrinein Article 13 of the constitution. He added that the Rent Restriction Act avails allthe tenants two basic rights. The protection against increase of rent except onthe formula given by the Act and statutory tenancy at the end of the existing term.G.N. 41/92 removes both these rights, and that since the 1 st respondents’s orderousts the jurisdiction of the Housing Tribunal, it leaves the second respondentfree to treat its tenants in any way it likes as it did in the rent increases in thiscase and against such arbitrary actions, the tenants are left defenceless. Theeffect of the order Mr. Matata went on, is to create two categories of tenants,those with full protection under the Rent RestrictionOn behalf of the 1 st respondent, Mr. Magoma the learned senior state Attorney,supprted the High court judgement on the validity of G.N. 41/92 Stating that itwas made within the four corners of the law empowering the 1 st respondent tomake it and that it does not in any way violate the constitution of the UnitedRepublic.In support of his contention that Courts can and should intervene in respect oflegislation without proper safeguards against arbitrary action, Mr. Matata citedthe decision of the High Court of Uganda in SHAH. V. ATTORNEY GENERAL527
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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
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“………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
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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
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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
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was violative of her basic right as
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in that court, and in the course of
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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
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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
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Those who exist above the people mu
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November 1986 they made a market su
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In the case at hand of course the a
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of each case, but it a fundamental
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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,
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743. All these cases show that it i
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as conclusive of the absence of a c
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The code is therefore framed in non
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“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
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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
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founder parties should have used th
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(4) Since the case is based on aver
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Thus we held that any member of the
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procedure prescribed by Order 1, ru
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It is settled in our constitutional
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of judicial innovation to say that
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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
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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
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We are therefore of the opinion tha
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him of that decision is in our view
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usurp the function of the High Cour
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MAUGHAM in maritime Elective C. Ltd
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We again agree with the learned jud
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However, the learned judge skipped
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filing of statements could not be s
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even to seem to express an opinion
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As we have already intimated the te
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the removal. But we reject the earl
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the Daily News and Uhuru newspapers
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M.D. BOMANIAg. JUSTICE OF APPEALJ.L
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Both parties are represented by cou
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THE SECUTITY FO EMPLOYMENT ACT 1964
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administrative law as seriously as
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interest are at stake. In any other
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the fundamentals of good administra
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mandamus should be made but it must
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6. EXERCISE OF DISCRETIONARY POWERS
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Mr. Mselem was at a loss to know un
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under s. 3 (3) of Cap. 104 and none
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affidavit and the representations o
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17 th June 1987 requiring him to le
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SongeaMohamed Ally Athumani now 54
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Ally Athumani PW1 had received. He
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Home is cases of ones in search of
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nothing about the subject matter as
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commissioner of Songea District was
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in all details to the one issued to
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approved by village Governments. DW
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forces that are always inconsistent
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under the Business licincing Act No
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applicants these could definitely n
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person against who he intends issue
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dealings. Expedient is not this Rep
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espondent to discharge its function
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(i) an order of certiorari 8 and se
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Mr. Mwaikusa argued that the releva
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that the Government has set on itse
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AT DODOMACIVIL CASE NO. 23 OF 1993J
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for Tabora Region . By a letter dat
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of the Constitution or the law of t
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Another important consideration und
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have been taken into account, wheth
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withstanding the existence of an ou
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arbitrary decision. And it offends
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to the Principal Secretary to the P
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I heard long and interesting arqume
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public interest; second, it is the
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the former the Principal Secretary
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I think I can dispose of this matte
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the whole field of the law relating
Page 475 and 476: declaration except in a negative so
Page 477 and 478: itom 108(1) of the First schedule t
Page 479 and 480: egards the commission’s report, t
Page 481 and 482: RULLINGSAMATTA, JK:This is an appli
Page 483 and 484: impugned decision. As expected, I w
Page 485 and 486: (g) on retirement in circumstances,
Page 487 and 488: 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
Page 497 and 498: 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
Page 505 and 506: 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 .
Page 521 and 522: proceed by way certiorari. He can f
Page 523 and 524: AT MWANZACORAM: OMAR, J.A. HNZAVAS,
Page 525: G.N. 41/92, the second respondent i
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
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epresenting the Crown, the third th
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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
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prohivition or certiorari (b) the n
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proceedings as was available to you
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lack of jurisdiction to grant inter
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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
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IN THE HIGH COURT OF TANZANIAAT SON
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October; 1993, the Regional Commiss
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statutory authority for doing so, t
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egulation 10 as read with S. 55 (1)
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(4) In such a case the tribunal, wh
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the penalty demands notwithstanding
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question I have posed and speaking
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first two prayers, to wit, orders o
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and illegally taking then away from
Page 617 and 618:
I conceded that as wrong in view of
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unquestionability upon its decision
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deciding what the decision-maker sh
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ut the judges must observe the cons
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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
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missing from the trial court record
Page 635 and 636:
One of the conditions set out in th
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(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
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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
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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
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the applicant leave to apply review
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669
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