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Tanzania decisions
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There exists a contentious issue regarding whether time limitation constitutes a prohibited technicality before the Public Procurement Appeals Authority, and this controversy merits judicial review. Leave is granted as the application meets the threshold for arguable case.
Source excerpt
The High Court granted leave to apply for certiorari after finding an arguable judicial review case challenging a ministry’s alleged unlawful compounding of offences.
The High Court refused leave to seek certiorari, finding the applicant had not shown an arguable case or sufficient interest in the challenge.
The applicant established an arguable case based on the affidavit and supporting information, justifying the grant of leave to file for judicial review.
Source excerpt
The High Court at Arusha granted BYC Company Ltd leave to seek certiorari against decisions of the Tanzania Food & Drugs Authority and the Permanent Secretary.
The Court of Appeal held that judicial review leave in Tanzania is governed by case law, not a statutory requirement, and dismissed a challenge based on wrong citation.
The Court of Appeal dismissed a preliminary objection in a judicial review appeal, holding there was no statutory leave requirement and allowing amendment of a defective notice of appeal.
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