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The first respondent's decision was not substantiated by sworn evidence and lacked a sound legal basis; therefore, it is quashed by certiorari.

Citation
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Parties
Applicant: Trendy Corner Hotels 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

Case Brief

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Parties

Trendy Corner Hotels Ltd

Applicant

City Director, City Council of Dar es Salaam

First Respondent

Tanzania Breweries Ltd

Second Respondent

Procedural Posture

Civil Application / Ruling

  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 first respondent's decision was not substantiated by sworn evidence and lacked a sound legal basis; therefore, it is quashed by certiorari.

Court Disposition

application granted in part

Orders

  • Decision by the first respondent to stop supplying or selling beer from the second respondent to the applicant is quashed and set aside.
  • Applicant is awarded costs of the application.