19910503 TZHC Dar es Salaam 1

19910503 TZHC Dar es Salaam 1

The Commissioner's refusal to renew the mining claims without giving reasons and without hearing the applicant was contrary to natural justice and is therefore void and quashed.

Source-derived case information.

Citation
19910503 TZHC Dar es Salaam 1
Parties
Applicant: Builders (VM Chavda Ltd); Respondent: The Commissioner for Mines
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 May 1991
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
application partly granted
Legal Topics
Certiorari, Mandamus, Natural Justice, Renewal of Mining Claims
Source Language
english
Administrative Law Certiorari Mandamus Natural Justice Renewal of Mining Claims

Source-derived case record

Summary, issues, holding and outcome

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Parties

Builders (VM Chavda Ltd)

Applicant

The Commissioner for Mines

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

  1. 1 Whether the refusal to renew mining claims without reasons and without hearing the applicant violated natural justice
  2. 2 Whether the court can compel the Commissioner to renew mining claims

Ratio Decidendi

The Commissioner's refusal to renew the mining claims without giving reasons and without hearing the applicant was contrary to natural justice and is therefore void and quashed.

Court Disposition

application partly granted

Orders

  • The Commissioner's decision refusing renewal of the mining claims is quashed.
  • The Commissioner is directed to consider the applicant's application for renewal and determine it in accordance with the law.