karatu district council vs minister regional administration another 2003 tzhc 53 28 may 2003

karatu district council vs minister regional administration another 2003 tzhc 53 28 may 2003

No actual decision has been made by the Minister against the applicant Council; the order is a statutory step, not a final determination. There is no enforceable decision or unperformed public duty. Leave for prerogative orders is refused as there is no arguable case.

Citation
karatu district council vs minister regional administration another 2003 tzhc 53 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
Misc Civil Application / Ruling on Application for Leave
Outcome
Application for leave refused
Legal Topics
Prerogative Orders, Natural Justice, Ultra Vires, Discretionary Powers
Source Language
English
Administrative Law Civil Procedure Prerogative Orders Natural Justice Ultra Vires Discretionary Powers

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Parties

Karatu District Council

Applicant

The Minister, Regional Administration

Respondent

The Attorney General

Respondent

Procedural Posture

Misc Civil Application / Ruling on Application for Leave

Legal Issues

  1. 1 Whether leave should be granted to apply for orders of certiorari, mandamus, and prohibition against the Minister's order
  2. 2 Whether the Minister's order constitutes a decision amenable to judicial review
  3. 3 Whether principles of natural justice were violated

Ratio Decidendi

No actual decision has been made by the Minister against the applicant Council; the order is a statutory step, not a final determination. There is no enforceable decision or unperformed public duty. Leave for prerogative orders is refused as there is no arguable case.

Court Disposition

Application for leave refused

Orders

  • Leave to apply for orders of certiorari, mandamus, and prohibition is refused