michael thomas nyungi vs energy and water utilities regulatory authority another 2013 tzhc 2111 16 may 2013

michael thomas nyungi vs energy and water utilities regulatory authority another 2013 tzhc 2111 16 may 2013

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; the statutory appeal procedure is exclusive.

Citation
michael thomas nyungi vs energy and water utilities regulatory authority another 2013 tzhc 2111 16 may 2013
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
Certiorari, Mandamus, Appeals From Regulatory Authorities, Jurisdiction
Source Language
English
Administrative Law Judicial Review Certiorari Mandamus Appeals From Regulatory Authorities 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. 1 Whether the decision of EWURA Board of Directors is subject to judicial review or appeal to the Fair Competition Tribunal
  2. 2 Whether the application for prerogative orders is maintainable

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; the statutory appeal procedure is exclusive.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs