karatu district council vs minister regional administration another 2003 tzhc 77 28 may 2003

karatu district council vs minister regional administration another 2003 tzhc 77 28 may 2003

The Minister's order was a statutory warning and not an actual decision against the applicant; therefore, there was no decision amenable to certiorari, no public duty unperformed for mandamus, and no action requiring prohibition. The application did not disclose an arguable case for leave to apply for prerogative orders.

Citation
karatu district council vs minister regional administration another 2003 tzhc 77 28 may 2003
Parties
Applicant: Karatu District Council; Respondent: The Minister, Regional Administration; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 May 2003
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Apply for Orders of Certiorari, Mandamus, and Prohibition
Outcome
Application dismissed; leave refused.
Legal Topics
Prerogative Orders, Certiorari, Mandamus, Prohibition, Natural Justice, Ultra Vires, Discretion of Court
Source Language
English
Administrative Law Civil Procedure Local Government Law Prerogative Orders Certiorari Mandamus Prohibition Natural Justice +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Karatu District Council

Applicant

The Minister, Regional Administration

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Apply for Orders of Certiorari, Mandamus, and Prohibition

Legal Issues

  1. 1 Whether the applicant is entitled to leave to apply for orders of certiorari, mandamus, and prohibition against the Minister's order under GN 18 of 31st January, 2003
  2. 2 Whether the Minister's order constitutes a decision amenable to judicial review
  3. 3 Whether the principles of natural justice were breached

Ratio Decidendi

The Minister's order was a statutory warning and not an actual decision against the applicant; therefore, there was no decision amenable to certiorari, no public duty unperformed for mandamus, and no action requiring prohibition. The application did not disclose an arguable case for leave to apply for prerogative orders.

Court Disposition

Application dismissed; leave refused.