19910730 TZHC Dar es Salaam

' .. AT Di.R ES SALAlJ.i MISC. CIVIL CAUSE NO. 63 OF 1990 In the matter of the Judicature and ~pplication of Laws Ordinance (cap.453) and the Law reform (Fatal Accidents·and Misc. Prov.)· Ordinance Amendment Act 1968. and In the matter of an ap~lication by severino i consiglio for leave to apply for ~n order of oertiorari and Brohibition and In the matter :- '.Jf the Decesion of the Director of ImmigratiJn services tJ impound Mr. SEV~RINO CONSIGLIO and THB DIRECTOR OF IIfll.UGRil.TION SBRVICBS. RULING MSUMI 2 J: ~ This is an applic~tion for Orders of Certiorari and prohibition. The -~p;licant is asking the court tJ reiilove the decision of the respondent - th~ \ Director of Immigra'tj..on Services - impounding the applican_:i,.'.s Italian passp No~ 209206A and quash it. Farthermore it is prayed that the ~esp 0 ndent shou- be prohibited from any other act of impounding the said passpo~~• When respondent appeared in court .m 27.1Q.90,he asked f')r time to file counter affidavit in reply to the applicant's prayer. Granting his request. the court adjo•~neq the matter to 22/12/90 and cJunter affidavit was to be f then. But since then respondent has not appeared in court and ·ho counter affidavit has been filed. Consequently Jn 4/4/91 the"~_.:iurt granted leave to the applicant ~o proceed ex parte by way of affidavit. ~s- ~irected by the court, applicant dulj filed the affidavit by 27/4/91 when the matter was called bef0re the Deputy Registrar. Among other information, the - i ( i d a v i t shows that respondent has de·nied. the applicant some explanation WdY his passport has been impoundetl. The two letters by·th~ spunsel for the applicant seeking the said explanation remain una~swered to date. According to the affidavit, prior to the complained decision of the respondent, no opportunity for· explanation ·was afforded to the applica~t. In other words it is contended I that applicant was condemned unheand which is offensive to princi1le of natural justice. For unknown reaso~ respondent has decided r to counter this serious.allelation. As per his affidavit, it is held that applicant has sufficiently substantiated his complaints to warrant this court issue the prayed ~rits. Hence it is ordered that the decision of the Director of Immigration ServicP' impounding the Italian Passport No 209206A issued to the applicant is hereby quashed and farthermore the said director is prohibi te,d ·f,~m cofilmi tting any other acts of impounding th~ said passport. · ':\ jLt,r:_ tu_;_ Il, .i. MSUMI 30/7/91 JUDGE For the applicant·_ F,S.Ivlbuya For the respond(:;;nt - Absent.