tanzania cigarette company ltd vs the fair competition commission another 2012 tzhc 31 28 september 2012

tanzania cigarette company ltd vs the fair competition commission another 2012 tzhc 31 28 september 2012

Where adequate statutory remedies exist, including the right to be heard and to appeal under the Fair Competition Act, a petitioner must exhaust those remedies before invoking the jurisdiction of the High Court under the Basic Rights and Duties Enforcement Act. The petition is incompetent as the Petitioner failed to exhaust available remedies under the Fair Competition Act.

Citation
tanzania cigarette company ltd vs the fair competition commission another 2012 tzhc 31 28 september 2012
Parties
Petitioner: Tanzania Cigarette Company Ltd; 1st Respondent: Fair Competition Commission; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 September 2012
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Judgment on Preliminary Objection and Merits
Outcome
Petition dismissed as incompetent with costs
Legal Topics
Exhaustion of Statutory Remedies, Right to Fair Hearing, Jurisdiction of Statutory Bodies, Retrospective Legislation, Separation of Powers
Source Language
English
Constitutional Law Competition Law Administrative Law Exhaustion of Statutory Remedies Right to Fair Hearing Jurisdiction of Statutory Bodies Retrospective Legislation Separation of Powers

Case Brief

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Parties

Tanzania Cigarette Company Ltd

Petitioner

Fair Competition Commission

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Judgment on Preliminary Objection and Merits

Legal Issues

  1. 1 Whether section 69(1) of the Fair Competition Act is unconstitutional for combining accusatory and adjudicative powers in the FCC
  2. 2 Whether the Petitioner was denied the right to a fair hearing and appeal under the Constitution
  3. 3 Whether the retrospective application of the Fair Competition (Threshold for Notification of a Merger) Order, 2006 is unconstitutional

Ratio Decidendi

Where adequate statutory remedies exist, including the right to be heard and to appeal under the Fair Competition Act, a petitioner must exhaust those remedies before invoking the jurisdiction of the High Court under the Basic Rights and Duties Enforcement Act. The petition is incompetent as the Petitioner failed to exhaust available remedies under the Fair Competition Act.

Court Disposition

Petition dismissed as incompetent with costs

Orders

  • Petition dismissed
  • Petitioner to pay costs