20160819 TZHC Arusha2

20160819 TZHC Arusha2

The applicant demonstrated sufficient interest in the subject matter and the decision challenged was final, leaving no other avenue for redress; therefore, leave to apply for certiorari is granted.

Citation
20160819 TZHC Arusha2
Parties
Applicant: BYC Company Ltd; 1st Respondent: Tanzania Food & Drugs Authority; 2nd Respondent: Hon. Permanent Secretary for Ministry of Health, Community Development, Gender, Elderly & Children; 3rd Respondent: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 August 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Apply for Judicial Review
Outcome
application allowed
Legal Topics
Judicial Review, Leave to Apply for Certiorari, Prerogative Orders
Source Language
English
Administrative Law Civil Procedure Judicial Review Leave to Apply for Certiorari Prerogative Orders

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Parties

BYC Company Ltd

Applicant

Tanzania Food & Drugs Authority

1st Respondent

Hon. 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 Judicial Review

Legal Issues

  1. 1 Whether the applicant should be granted leave to apply for prerogative order of certiorari against the decisions of the 1st and 2nd respondents
  2. 2 Whether an order for stay of proceedings should be granted

Ratio Decidendi

The applicant demonstrated sufficient interest in the subject matter and the decision challenged was final, leaving no other avenue for redress; therefore, leave to apply for certiorari is granted.

Court Disposition

application allowed

Orders

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