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A
APPLICATION FOR PREROGATIVE ORDERS,
Intervention by parties against whom no remedy is sought –party not cited as respondent but the orders sought by the application will affect its proprietary interest –whether the party may intervene and oppose application for orders.
ADMINISTRATIVE ACTION, CHALLENGING AN ADMINISTRATIVE ACTION FOR BEING UNCONSTITUTIONAL
An Order of the High Court Refusing an Application for Leave to Apply for Judicial Review is Appealable and Not Subject of Revision
APPLICATION FOR CERTIORARI AND MANDAMUS DISMISSED BECAUSE OF AVAILABILITY OF ALTERATIVE REMEDY BY WAY OF TEMPORARY INJUNCTION, APPLICATION FOR TEMPORARY IS SUBSEQUENTLY MADE, WHATHER THE SUBJECT
APPLICATION FOR JUDICIAL REVIEW OF DECISONS MADE BY RESPONDENTS IN A PRIVATE CONTRACTUAL RELATIONSHIP
APPLICATION FOR ORDERS OF CERTIORARI AND MANDAMUS , HIGH COURT FINDS THAT THE MINISTER’S DECISION IS LEGALLY ERRONEOUS, WHETHER HIGH COURT HAS DISCREATION NOT TO GRANT THE ORDERS
APPLICATIONS, DUTY TO SERVE NOTICE OF MOTION AND ACCOMPANYING AFFIDAVIT, WHETHER THE DUTY TO SERVE IS ON THE COURT REGISTRY OR ON THE APPLICANT RULE 52(1) AND 53(1) OF THE TANZANIA COURT OF APPEAL RU
AUDI ALTERAM PARTEM, RIGHT TO BE HEARD
B
BIAS, TEST TO BE APPLIED WHERE THERE IS ALLEGATION OF BIAS
C
CHALLENGING AN ADMINISTRATIVE ACTION FOR BEING UNCONSTITUTIONAL- whether an application under section 4 of basic right and duties enforcement act 1994 is the only way of challenging that action
COMPLAINT ARAISING FROM CONTRACT, RELATIONSHIP BETWEEN APPLICANT AND RESPONDENT BEING CONTRCTUAL, WHETHER ACTS ARSISING FROM THAT RELATIONSHIP ARE AMENABLE TO JUDICIAL REVIEW
D
DELEGATION OF POWERS ,-powers to issue clove export permit –powers vested in a shelia – whether that power may be exercised by a Shelia councilor –regional general provision act 194 , and the cloves act 1985
DUTY TO ACT JUDICIALLY – NATURAL JUSTICE
DECISION MAKING,-Reasons for decision -reasons for revocation of a license whether it is necessary to give reasons for revoking license
DELEGATION POWERS, POWEER TO ISSUE CLOVE EXPORT PERMIT
DAMAGES, GENERAL DAMAGES, PLEADING STATING SPECIFIC AMOUNT AS GENERAL DAMAGES PRAYED FOR, WHETHER PROPER
DISCIPLINARY COMMITTEE OF PARASTATAL ORGAN, DECISION OF ON MERITS AND SUBSTANCE, WHETHER APPELLABLE
E
EXEMPTION ORDERS –publication in gazette –whether custom duty and sales tax exemption orders must be published in the gazette to be void –section 7(1) of the customs tariff act 1976 and section 28(1) of the sales tax act 1976
EXEMPTION ORDERS – orders exempting customs duty and sales tax –whether the orders have legislative effects –section 3(1) and 26 of the interpretation of laws act and general clauses Act 1972
ERROR OF LAW –administrative tribunal equating acceptance of terminal benefits with consent to the terminal of employment
– exercise of public powers; Human rights – freedom of movement and protection from unlawful arrest and false imprisonment; Evidence – requirement to specifically plead and strictly prove special damages; Commission of Inquiry – limits on authority to constitute commissions; Civil remedies – award of general (but not special) damages.
ENABLING PROVSIONS FOR APPLICATIONS FOR PREROGATIVE ORDERS, WHETHER THE MINING ACT 1979 HAS PROVSIONS FOR APPLICATIONS FOR PREROGATIVE ORDERS
ERROR OF LAW, ADMINISTRATIVE TRIBUNAL EQUATING ACCEPTANCE OF TERMINAL BENEFITS WITH CONSENT TO THE TERMINATION OF EMPLOYMENT, AN ERROR OF LAW
FAILURE BY THE LABOUR CONCILIATION BOARD TO ALLOW PARTY TO PROCEEDINGS TO CALL MATERIAL WITNESSESS, A BREACH OF NATURAL JUSTICE
F
G
GOVEREMENT FILES A SUIT FOR RECOVERY OF TZS 8 MILLION IN THE HIGH COURT
GROUNDS FOR AWARD OF CERTIORARI, ERROR OF LAW AS GROUND FOR AWARDING CERTIORARI
H
I
INHERENT JURISDICTION OF THE COURT, SITUATIONS IN WHICH THE INHERENT POWER OF THE COURT MAY BE INVOKED, SECTION 95 OF THE CPC
J
Judicial review – prerogative orders – leave to apply for prohibition and mandamus – requirement of full and frank disclosure and uberrima fides. Locus standi – sufficient interest – representative applicants may seek leave on behalf of others injured by public action. Judicial review vs private law – compensation, quantum and compulsory acquisition are matters requiring proof of title and are not justiciable by way of judicial review at leave stage. Security for costs – alternative remedy under civil procedure not appropriate in this context
JUDICIAL REVIEW, PROCEDURE, PRELIMINARY OBJECTION NOT RAISED AT THE HEARING OF THE APPLICATION FOR LEAVE TO APPLY FOR PREROGATIVE ORDER, WHETHER THE OBJECTION MAY BE RAISED SUBSEQUENTLY AGAINST
JURISDICTION OF COURTS IN SUITS BY THE GOVERMENT
JUDICIAL REVIEW ADAMINISTRATIVE ACTION, NATURE AND SOURCE OF THE JURISDICTION OF THE HIGH COURT IN JUDICIAL REVIEW OF ADMINITSRATIVE ACTION
JURISDICTION OF AN ADMINISTRATIVE BODY,REQUIREMENT OF QUORUM, SPECIAL GENERAL MEETING OF COOPERATIVE UNION TRANSACTING BUSINESS AN DMAKING DECISION WITHOUT HAVING THE PRESCRIBED QUORUM
JURISDICTION OF AN ADMINISTRATIVE BODY – requirement of quorum – special general meeting of cooperative union transacting business and making decision making without having the prescribed quorum –whether the meeting had jurisdiction to make valid decision
JUDICIAL REVIEW OF ADMINISTRATION ACTION – grounds for judicial review of an administration decision –power to terminate an employee vested in the permanent secretary –decision to terminate made on the basis of a report submitted by a committee set up to enquire into the allegation made against the applicant whether the decision was intra vires
JUDICIAL REVIEW –acts amenable to judicial review –complaint arising from contract relationship between respondent and applicant being contractual whether acts arising from that relationship are amenable to judicial review
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION – Nature and sources of the jurisdiction of the high court in judicial review of administrative action
K
L
LIMITATION PERIOD FOR APPLICATIONS FOR PREROGATIVE ORDERS
M
Misjoinder curable where no miscarriage of justice; administrative boundary fixing cannot extinguish customary/deemed occupancy rights; destruction of crops—evidence and damages; official capacity of village chairman—no personal liability; village liable for acts ordered/executed by village organs.
MINISTER ACTS ON ADDITIONAL INFORMATION RECEIVED EX-PARTE AND DECIDES APPEAL WITHOUT FIRST DISCLOSING IT TO THE OTHER PARTY, BREACH OF NATURAL JUSTICE
N
O
ORDER OF CERTIORARI PROTECTING ABSATRACT LEGALITY WITHOUT ANY TANGIABLE BENEFITS, ORDER OF CERTIORARI LIKELY TO LEAD TO PROLONGED DISPUTE AND ENDLESS LITIGATION, WHETHER THE ORDER WILL SERVE PUBLIC I
P
PREROGATIVE ORDERS- interim relief –application for interim relief pending intended appeal against refusal of application for leave to apply for prerogative orders whether the high court may entertain such an application for interim relief
PRACTICAL EFFECT OF CERTIORARI, ORDER OF CERTIORARI SOUGHT BY APARTY NO LONGER CAPABLE OF BENEFITING FROM IT, WHETHER THE COURT MAY GRANT CERIORARI
PREROGATIVE ORDERS, ENABLING PROVISIONS FOR APPLICATIONS FOR PREROGATIVE ORDERS, WHETHER THE MINING ACT 1979 HAS PROVISIONS FOR APPLICATIONS FOR PREROGATIVE ORDERS
PREROGATIVE ORDERS, INTERIM RELIEF, APPLICATION FOR INTERIM RELIEF PENDING INTENDED APPEAL AGAINST REFUSAL OF APPLICATION FOR LEAVE VTO APPLY FOR JUDICISL REVIEW, WHETHER THE HIGH COURT MAY ENTERTAIN
PRINCIPLES OF NATURAL JUSTICE, THE RIGHT TO BE HEARD, EFFECT OF BREACH OF PRINCIPLES OF NATURAL JUSTICE ON THE DECISION TAKEN
Q
R
RIGHT TO BE HEARD VS ACCESS TO JUSTICE
RIGHT TO BE HEARD
RIGHT TO BE HEARD, COMMITTEE SERVED WITH NOTICE OF INTENTION TO DISSOLVE IT FAILS TO DELIVER ITS DEFENCE TO THE REGISTRAR AS DIRECTED, WHETHER THAT FAILURE AMOUNTS TO FORFEITURE OF THE COMMITEE’S RIG
RULE AGAINST BIAS, DEPUTY MINISTER STATING IN PARLIAMENT THAT TENDER WAS IMPROPERLY AWARDED TO APPLICANT AND FRESH TENDER WILL BE FLOATED TO AWARD IT TO ANOTHER PERSON IN A MORE TRANSPARENT MANNER
The Right to Be Heard, Audi Alteram Partem, He Who Alleges Must Prove, Discontinuation from Studies, Service of Letters, JAMES KUSAGA v. SEKOMU
S
SUPERVISORY JURISIDICTION OF THE HIGH COURT- whether grating certiorari on grounds of error of law amounts to hearing an appeal from an administrative tribunal appeal and judicial review distinguished.
T
Time Limit to Apply for Leave to Apply for Prerogative Orders, Effect of Fraud or Mistake
U
V
W
WHETHER CERTIORARI IS AVAILABLE AUTOMATICALLY UPON PROOF GROUNDS FOR JUDICIAL REVIEW,FACTORS TO BE CONSIDERED BY COURT IN DECIDING TO GRNAT CERTIORARI OR NOT
WHETHER RETIREMENT IN THE PUBLIC INTEREST IS A DISPLINARY PROCEEDING
WAIVER OF THE RIGHT TO BE HEARD-JUSTICE MUST BE SOUGHT WITHIN THE RULES, AND EVEN SYMPATHY ALONE WOULD NOT ASSIST A PARTY WHO IS NEGLIGENT
Y
Z