Tanzania Case Law

pumziko philemonmlelwa 162 others vs the regional commissioner for ruvuma the attorney general 2023 tzhc 22250 1 november 2023

Court

TZHC

The Regional Commissioner did not invent or enact the guidelines but implemented directives issued by the central government ministries. Certiorari and mandamus cannot lie against an officer acting as agent of the state for duties owed to the government. The application is unmeritorious and dismissed.

Source excerpt

• Judicial review
• Certiorari
• Mandamus
• Government guidelines
• Warehouse receipt system
• Farmers' rights

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Reginald Tlatlaa Sanka and Others v Ministry for Agriculture and Others

Court

TANZLII

The Business Guideline is a voluntary administrative instrument with no legal force against applicants who are non-members of cooperative societies due to lack of consultation and consent; enforcement against applicants based on the Guideline was unlawful; certiorari is refused to avoid prejudice to third parties; prohibition and mandamus are granted to prevent enforcement and compel respondents to accord applicants the right to be heard.

Source excerpt

• Judicial review
• Legality of administrative guidelines
• Consultation of stakeholders
• Freedom of association
• Fettering of discretion
• Certiorari

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19760622 TZHC Tabora

Court

TZHC

The High Court allowed a criminal appeal, quashed the conviction, and discharged the sentence and forfeiture order in a case involving agricultural products offences.

• Controlled agricultural products
• Licensing requirements
• Transport regulations
• Sentencing
• Forfeiture
• Criminal-law

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