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The City Director's decision was not substantiated by sworn evidence and was therefore without legal basis; the applicant's rights were unlawfully affected.

Citation
N
Parties
Applicant: Tandem Holdings Ltd; First Respondent: City Director, City Council of Dar es Salaam; Second Respondent: Tanzania Breweries Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1983
Procedural Posture
Civil Application / Ruling
Outcome
application granted in part
Legal Topics
Certiorari, Price Regulation, Supply Contract, Judicial Review
Source Language
English
Administrative Law Commercial Law Certiorari Price Regulation Supply Contract Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Tandem Holdings Ltd

Applicant

City Director, City Council of Dar es Salaam

First Respondent

Tanzania Breweries Ltd

Second Respondent

Procedural Posture

Civil Application / Ruling

Legal Issues

  1. 1 Whether the City Director's decision to stop beer supply to the applicant was lawful
  2. 2 Whether the applicant breached price regulations

Ratio Decidendi

The City Director's decision was not substantiated by sworn evidence and was therefore without legal basis; the applicant's rights were unlawfully affected.

Court Disposition

application granted in part

Orders

  • Order of certiorari quashing the City Director's decision to stop beer supply to the applicant
  • Application against second respondent dismissed with costs