20160913 TZHC Arusha

20160913 TZHC Arusha

Applicant demonstrated sufficient interest in the subject matter and the challenged decision was final, thus leave to apply for certiorari is granted. Stay of proceedings denied as it was not part of original application and respondents were not heard on it.

Source-derived case information.

Citation
20160913 TZHC Arusha
Parties
Applicant: BYC Company Ltd; 1st Respondent: Tanzania Food & Drugs Authority; 2nd Respondent: Permanent Secretary for Ministry of Health, Community Development, Gender, Elderly & Children; 3rd Respondent: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 September 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Apply for Prerogative Order of Certiorari
Outcome
Application allowed
Legal Topics
Leave for Judicial Review, Certiorari, Standing to Sue
Source Language
english
Administrative Law Judicial Review Leave for Judicial Review Certiorari Standing to Sue

Source-derived case record

Summary, issues, holding and outcome

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Parties

BYC Company Ltd

Applicant

Tanzania Food & Drugs Authority

1st Respondent

Permanent Secretary for Ministry of Health, Community Development, Gender, Elderly & Children

2nd Respondent

Hon. Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Apply for Prerogative Order of Certiorari

Legal Issues

  1. 1 Whether applicant has sufficient interest to seek leave for judicial review
  2. 2 Whether the decision challenged is final and leaves no room for appeal
  3. 3 Whether stay of proceedings can be granted as prayed

Ratio Decidendi

Applicant demonstrated sufficient interest in the subject matter and the challenged decision was final, thus leave to apply for certiorari is granted. Stay of proceedings denied as it was not part of original application and respondents were not heard on it.

Court Disposition

Application allowed

Orders

  • Leave granted to applicant to file application for prerogative order of certiorari against decisions of 1st and 2nd respondents dated 01/04/2016 and 16/05/2016
  • Application to be lodged within fourteen days from date of order