By Evarist Baimu Nyaga Mawalla - Home

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the Executive committee was created by the Council in its meeting held on 24September 1974. It is a smaller body than the full Council, it being composed ofonly half of the members of the Council.Among other things, the Executive Committee was charged with the functions ofdealing in emergency cases, with such matters as are normally considered bythe Council, in between council meetings. It was expressly stipulated that thedecisions of the that Committee are subject to ratification by the full Council.In my view section 6 (2)(f) of the IFM Act is wide enough and gives the Councilpower to establish such a Committee and to invest it with such authority. I takethe view that this was not an instance of abdication of power by the Council, buta valid exercise of its statutory discretion. As aforestated, the Council prescribedthat all decisions of that Committtee would be subject to ratification by the fullCouncil. Essentially, by that proviso the Council retained complete control overall the functions assigned to the Committee and the Council intended to continueto address its own mind to the exercise of the powers delegated to theCommittee.I also take the view that the Executive Committee did not encroach on or usurythe powers of the Students Disciplinary Committee. It is not true that theStudents’ Disciplinary Committee has any powe to deal with academic maters. Ihave perused the IFM student rules and I have come to the conclusion that such654
maters as the leakage of examinations fall outside the purview of those rules. Iam satisfied that the jurisdiction of the Students Disciplinary Committee isconfined to what may be described as domestic matters such as those pertainingto accommodation, kitchen, drunkness, nuisance and the misuse of musicinstruments.I pass o the second main question, which is whether the proceedings of theprobe committee was conducted in accordance with the rules of natural justice.The applicant has averred, vide paragraph 11 and 13 of his affidavit, that he wasdenied natural justice in that (a) he was not informed, throughout, that he was asubject of suspicion or investigation; and (b) that he was not afforded opportunityof being heard. This has been denied by the Institute.The parties seem to be acutely aware, and it is trite to remark, that anadministrative body exercising functions that impinge directly on legallyrecognized interests owes it as duty to act judicially in accordance with the rulesof natural justice, which basically means the adoption of fair procedure, whichfundamentally demands freedom from interest and bias him. It will beremembered that the probe committee carried out is assignment by ascrutinizingseveral documents and interviewing scores of people. I have gone through thosedocuments and in regard to the applicant. I see nothing damning in them. Therecord of the proceedings of the committee shows that it is met on several655
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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
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declaration except in a negative so
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itom 108(1) of the First schedule t
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egards the commission’s report, t
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RULLINGSAMATTA, JK:This is an appli
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impugned decision. As expected, I w
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(g) on retirement in circumstances,
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etire otherwise than on disciplinar
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(c) for pupose of facilitating impr
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“Whatever pleases the emperor has
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decision has, I agree with Mr Nasso
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Before I part with this application
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7. REMEDIES1. Ajit Gordhan v Direct
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21. Simeon Manyaki v Executive Comm
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of which was annexed to the affidav
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The above position was enshrined in
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such as damages or on injunction. T
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Should the prayer then be granted i
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No cases referred to.Omar and Musta
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IN THE HIGH COURT OF TANZANIAAT DAR
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alleged circumstance, it is further
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Mr Mallaba has traced the history o
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Mr. Kisusi submits further that sin
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ANDESSO STANDARD TANZANIA LIMITED .
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proceed by way certiorari. He can f
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AT MWANZACORAM: OMAR, J.A. HNZAVAS,
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G.N. 41/92, the second respondent i
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ecause it violates Article 13 of th
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tenants, one enjoying legal protect
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the provisions of the Rent Restrict
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Lastly, in ground 5 the appellants
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R V Income Tax Special Purposes Cou
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had interfered with the administrat
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LORD TEMPLEMAN. Parliament makes th
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LORD GRIFEITHS. My Lords, I have ha
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Because of this, it is normally unn
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students at his school; that he was
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unnaturally took the view that the
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solicitor later at about 12.30 am v
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Mr Baker was arranged for 4 pm that
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counsel with whem a conference took
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easonably benevolent construction o
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Lord Donalsdson MR described Mr Bak
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was made without jurisdiction, then
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Court has been given . If the appli
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in the earlier case may have coused
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As the Sovereign cannot authorize w
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When dismissiong the action Romer I
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the Crown. (In this summary 1 put o
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emedy against theCrown was not conf
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easonable doubt as to the identity
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Section 23 (2) (2) refers to petiti
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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
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A both because there would be an in
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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
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quite out of accord with practice,
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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
Page 603 and 604: statutory authority for doing so, t
Page 605 and 606: egulation 10 as read with S. 55 (1)
Page 607 and 608: (4) In such a case the tribunal, wh
Page 609 and 610: the penalty demands notwithstanding
Page 611 and 612: question I have posed and speaking
Page 613 and 614: first two prayers, to wit, orders o
Page 615 and 616: and illegally taking then away from
Page 617 and 618: I conceded that as wrong in view of
Page 619 and 620: unquestionability upon its decision
Page 621 and 622: deciding what the decision-maker sh
Page 623 and 624: ut the judges must observe the cons
Page 625 and 626: 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
Page 633 and 634: missing from the trial court record
Page 635 and 636: One of the conditions set out in th
Page 637 and 638: (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
Page 647 and 648: 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: against him, so that he could effec
Page 657 and 658: Q. Can you tell us anything strange
Page 659 and 660: IN THE HIGH COURT OF TANZANIA\MAIN
Page 661 and 662: 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
Page 667 and 668: the applicant leave to apply review
Page 669: 669
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