20010711 TZHC Dar es Salaam

1 IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM MISC. CIVIL CAUSE NO.591998 .' IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR THE ORDERS OF CERTIORARI AND IN THE MATTER OF THE DISCONTINUATION FROM STUDIES BETWEEN EDMUND AARON MWASAGA............... 1ST APPLICANT BAKARI RASHID ....................................... 2ND APPLICANT MOSES MPUNGU ....................................... 3RD APPLICANT ZAINAB KHALID ........................................ 4TH APPLICANT, LUGANE ISSACK CHITAMA................... 5TH APPLICANT RULING MSUMI,JK: This ruling is for the determination of the Memorandum of Review by which the Court is requested to revisit its ruling which granted the respondents/applicants the prerogative order of certiorari. The respondent in that application is the Senate of the University of Dar es Salaam. As a ground for the sought review, it is contended that the ruling which granted the leave in question manifests total error of law on the face of the record in that the Attorney General was not joined and summoned as a party to that application. Section· 17A(l) of the Law Reform (Fatal Accidents and Miscellaneous '' 2 Provisions) Ordinance as amended by Act 27 of 1991 says: 17A-( 1) where leave for application for an order of mandamus, prohibition or certiorari is sought in any civil matter against the Government, the Court shall order that the Attorney General be sunm1oned to appear as a party to those proceedings; save that if the Attorney General does not appear before the Court on the date specified in the summons, the Court may direct that the application be heard ex parte. Under section 3 of the Act the term "Government" includes a public officer and any office in the service of the United Republic establi~hed by or under any written law. Furthermore in the Interpretation of Laws Act No.4 of 1996 the tern1 public officer includes a public corporation. Hence as a public corporation, the University of Dar es Salaam falls under the term "Government" for the purpose of section 17A of the Law Refonn (Fatal Accidents and Miscellaneous (Provisions) Ordinance as amended by Act 27 of 1991. It was therefore necessary that the Attorney General should have- been imp leaded in the said application for leave. Accordingly the rnling which granted the applicants the leave in question is hereby vacated with costs. Ch¼ ID\. - i JAJI KIONGOZI l l/7/2001 For the applicants/respondents: Mselern . For the respondent/applicant: Present in person