shija vs minister of health and another 2008 tzhc 10 9 september 2008

shija vs minister of health and another 2008 tzhc 10 9 september 2008

The applicant failed to demonstrate that the Minister or Medical Council refused to perform any public duty demanded by the applicant, a prerequisite for mandamus. The applicant also failed to provide the record of the Medical Council's proceedings or verdict, making it impossible for the court to determine whether there was an error of law or bias on the face of the record. The clarification letter relied upon was not a decision of the Minister but a response from the Medical Council. Without the necessary record, the court could not grant certiorari or mandamus.

Citation
shija vs minister of health and another 2008 tzhc 10 9 september 2008
Parties
Applicant: Dr. Matongo Benard Shija; 1st Respondent: Hon. Minister for Health; 2nd Respondent: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 September 2008
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Prerogative Orders (certiorari and Mandamus)
Outcome
Application dismissed with costs.
Legal Topics
Certiorari, Mandamus, Natural Justice, Bias in Administrative Tribunals, Error of Law, Ultra Vires, Medical Professional Misconduct
Source Language
English
Administrative Law Judicial Review Medical Law Certiorari Mandamus Natural Justice Bias in Administrative Tribunals Error of Law +2 more

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Parties

Dr. Matongo Benard Shija

Applicant

Hon. Minister for Health

1st Respondent

Hon. Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Prerogative Orders (certiorari and Mandamus)

Legal Issues

  1. 1 Whether the applicant is entitled to orders of certiorari and mandamus against the Minister for Health and the Medical Council of Tanganyika
  2. 2 Whether the Medical Council's decision was tainted by bias or error of law
  3. 3 Whether the Minister for Health made a reviewable decision

Ratio Decidendi

The applicant failed to demonstrate that the Minister or Medical Council refused to perform any public duty demanded by the applicant, a prerequisite for mandamus. The applicant also failed to provide the record of the Medical Council's proceedings or verdict, making it impossible for the court to determine whether there was an error of law or bias on the face of the record. The clarification letter relied upon was not a decision of the Minister but a response from the Medical Council. Without the necessary record, the court could not grant certiorari or mandamus.

Court Disposition

Application dismissed with costs.

Orders

  • Application for certiorari and mandamus dismissed.
  • Applicant to pay costs.