20000512 TZCA Dar es Salaam

20000512 TZCA Dar es Salaam

The application for leave for prerogative orders was filed outside the statutory six-month limitation period from the date of the exclusion of TR1 and TR2 (6 September 1994), rendering the application incompetent and time-barred. The appeal is dismissed and the cross-appeal allowed on this ground.

Citation
20000512 TZCA Dar es Salaam
Parties
Appellant: Mobrama Gold Corporation Ltd.; Respondent: Minister for Water, Energy & Minerals; Respondent: Attorney General; Respondent: Commissioner for Mineral Resources; Respondent: Afrika Mashariki Gold Mines Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 May 2000
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed, cross-appeal allowed, proceedings quashed, no order as to costs.
Legal Topics
Prerogative Orders, Certiorari, Mandamus, Prohibition, Limitation Periods, Ultra Vires, Contractual Remedies
Source Language
English
Administrative Law Contract Law Mining Law Prerogative Orders Certiorari Mandamus Prohibition Limitation Periods +2 more

Case Brief

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Parties

Mobrama Gold Corporation Ltd.

Appellant

Minister for Water, Energy & Minerals

Respondent

Attorney General

Respondent

Commissioner for Mineral Resources

Respondent

Afrika Mashariki Gold Mines Ltd.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the application for certiorari was filed within the prescribed limitation period
  2. 2 Whether the exclusion of TR1 and TR2 from the prospecting licence was ultra vires the Mining Act and the Agreement
  3. 3 Whether the dispute was amenable to prerogative orders

Ratio Decidendi

The application for leave for prerogative orders was filed outside the statutory six-month limitation period from the date of the exclusion of TR1 and TR2 (6 September 1994), rendering the application incompetent and time-barred. The appeal is dismissed and the cross-appeal allowed on this ground.

Court Disposition

Appeal dismissed, cross-appeal allowed, proceedings quashed, no order as to costs.

Orders

  • Appeal dismissed
  • Cross-appeal allowed