20150213 TZHC Dar es Salaam
The application for leave was unopposed by the respondent, and there was no reason to decline the relief sought. Leave was therefore granted as prayed.
Source-derived case information.
- Citation
- 20150213 TZHC Dar es Salaam
- Parties
- Applicant: Taher Hussein Muccadam; Respondent: Director, Urban and Rural Ministry of Lands, Housing
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 February 2015
- Procedural Posture
- Miscellaneous Civil Cause / Ruling on Application for Leave to Apply for Judicial Review
- Outcome
- Application granted
- Legal Topics
- Leave to Apply for Judicial Review, Suspension of Building Permit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Taher Hussein Muccadam
Applicant
Director, Urban and Rural Ministry of Lands, Housing
Respondent
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Leave to Apply for Judicial Review
Legal Issues
- 1 Whether leave should be granted to apply for an order quashing the respondent's decision to suspend the applicant's building permit
Ratio Decidendi
The application for leave was unopposed by the respondent, and there was no reason to decline the relief sought. Leave was therefore granted as prayed.
Court Disposition
Application granted
Orders
- Leave granted to the applicant to apply for an order to quash the respondent's decision to suspend the planning permit for plot 1006/1 Upanga, Ilala Municipality.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
I 'I l 1 IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM MISC. CIVIL CAUSE NO 41 OF 2011 IN THE MATT.EROF SECTION 54 OF THE URBAN PLANNING ACT NO 8 OF 2007 PLANNING ACT NO 8 OF 2007 AND IN THE MATTER OF THE DECISIONOF THE DIRECTOR, URBAN AND RURAL PLANNING, MINISTRY OF LANDS, HOUSING, URBAN DEVELOPMENT DATED 5TH NOVEMBER, 2010 TO SUSPEND THE BUILDING PERMIT ISSUED TO THE APPLICANT TO CONSTRUCT ON PLOT NO 1006/1 UPANGA, ILALA MUNICIPALITY AND IN THEMATTER OF APPLICATION FOR LEAVE TO APPLY FOR ORDERS QUASHING THE SAID DECISION BETWEEN TAHER HUSSEIN MUCCADAM ................................. APPLICANT VERSUS DIRECTOR, URBAN AND RURAL MINISTRY OF LANDS, HOUSING~ ........................................... RESPONDENT Date of Last Order: 7/11/2014 Date of Ruling: 13/02/2015 RULING Bongole,J In this application, two reliefs are being sought by the applicant from the court. These are:- 1 a) The Honourable court may be pleased to grant leave to the applicant to apply for order to quash the decision of the respondent to suspend the planning permit issued to the applicant to construct over plot 1006/1 UPANGA AREA, ILALA MUNICIPALITY. b) Costs to be in the cause. The application is supported by the affidavit deposed on by the applicant. Upon service of the Chamber Summons to the Respondent, the Respondent filed Counter Affidavit along with a notice of Preliminary Objection. The Preliminary Objection was overruled for want of merit and hence, by the permission of the court, parties were to file Written Submissions in disposing the Application and a schedule of filing was set. The Applicant complied with the schedule set by filing his submission. On the 24th day of June, 2014 when the application was set for necessary orders, Ms Lusulie State Attorney who appeared for the Respondent addressed the court as follows, I quote:- "My lord, we were ordered to file submission in reply but having read the submission by the Applicant, we don't object the Application. As the Application remains unresisted, I have no reasons whatsoever for decline to grant it as prayed. 2 The application is granted as prayed. JUDGE 13/02/2015 13/02/2015 Coram: S.B. Bongole,J For the Applicant For the 1st Respondent For the 2nd Respondent C.C. Mrangi Court: Ruling delivered in the absence of the parties. JUDGE 13/02/2015 3