africa flight services limited vs registrar of companies another 2022 tzhc 3162 28 april 2022

IN THE HIGH COURT OF TANZANIA (MAIN REGISTRY) AT DAR ES SALAAM MISCELLANEOUS CAUSE NO. 5 OF 2022 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI, MANDAMUS AND PROHIBITION AND IN THE MATTER OF THE COMPANIES ACT, CAP 212 RE. 2002 BETWEEEN AFRICA FLIGHT SERVICES LIMITED.............................. APPLICANT VERSUS THE REGISTRAR OF COMPANIES............................. 1st RESPONDENT THE ATTORNEY GENERAL......................................... 2nd RESPONDENT RULING 28 & 28 April, 2022 MGETTA, J: When the application for leave was called on for hearing, Ms. Gati Mseti assisted by Mr. Edward Magayane, both learned state attorneys, appeared for the respondents namely the Registrar of companies (1st respondent) and the Attorney General (2nd respondent); while, the applicant namely Africa Flight Services Limited, enjoyed a legal service of Mr. Gabriel Simon Mnyele, the learned advocate. Ms Gati rose and readily conceded that on the face of the record, the applicant has established a prima facie case. Hence, a leave sought to apply for judicial review be granted to the applicant without order as to costs. On his part, Mr. Mnyele for the applicant was grateful for such gesture made by Ms. Gati and did not press for costs. On my part, I had no objection. By consent of the learned counsel for their respective parties, I proceed to grant leave to the applicant to apply for judicial review within the period prescribed by the law. In the circumstances, no order as to cost is given. It is accordingly ordered. 2