20130516 TZHC Dar es Salaam

The applicant should have appealed from the decision of the EWURA Board of Directors to the Fair Competition Tribunal instead of seeking prerogative orders from the High Court.

Citation: 20130516 TZHC Dar es Salaam
Parties: Applicant: Michael Thomas Nyungi; 1st Respondent: Energy and Water Utilities Regulatory Authority; 2nd Respondent: Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 May 2013
Procedural Posture: Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome: Application dismissed with costs.
Legal Topics: Judicial Review, Certiorari, Mandamus, Appeals, Jurisdiction
Source Language: English

Administrative Law Regulatory Law Judicial Review Certiorari Mandamus Appeals Jurisdiction

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Parties

Michael Thomas Nyungi

Applicant

Energy and Water Utilities Regulatory Authority

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

1 Whether the applicant should have appealed to the Fair Competition Tribunal instead of seeking prerogative orders from the High Court
2 Whether the decision of the EWURA Board of Directors is appealable under section 29(1) of the EWURA Act

Ratio Decidendi

The applicant should have appealed from the decision of the EWURA Board of Directors to the Fair Competition Tribunal instead of seeking prerogative orders from the High Court.

Court Disposition

Application dismissed with costs.

Orders

Application dismissed with costs.