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Tanzania decisions
Decisions matching the current search
The applicant has demonstrated an arguable case, sufficient interest, and compliance with the statutory time limit. Leave to apply for judicial review is granted as the prerequisites are met.
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The High Court of Tanzania granted leave to challenge a procurement appeals decision that nullified an award to SICPA SA, finding the applicant met the low threshold for judicial review.
The High Court granted leave for judicial review against deregistration of a company, holding that section 400A(6) of the Companies Act was not a local remedy that had to be exhausted first.
The applicant filed within the statutory six-month period and demonstrated sufficient interest as the administrator of the estate with prior court decisions in his favor. The allegations of denial of natural justice and disregard of court orders warrant granting leave to apply for prerogative orders.
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The existence of a challengeable decision, order, or proceedings is to be adjudicated in the main application for judicial review, not at the leave stage. The preliminary objection raised factual issues inappropriate for determination at this stage.
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The High Court granted leave to Africa Flight Services Limited to apply for certiorari and mandamus after the respondents did not oppose the application.
The application is incurably defective for contravening Rule 5(1) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act by seeking substantive orders before leave is granted. Mandatory procedural requirements must be followed and cannot be cured by the principle of overriding objective.
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The application for judicial review was incompetent as it contained prayers and facts substantially different from those screened at the leave stage, contravening Rule 8(1)(a) of the Law Reforms (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, G.N. No. 324 of 2014. Leave was not granted for the substance of the judicial review application, rendering it unscreened and invalid.
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Prima facie case established; applicant acted promptly, has sufficient interest, and no alternative remedy. Leave to apply for prerogative orders is granted.
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The Court of Appeal held that a struck-out leave application did not finally determine rights, so the appeal was incompetent and was struck out.
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