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Tanzania decisions
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The application is incompetent as there is no decision by the second or third respondents subject to judicial review, and the dispute arises from a contractual relationship for which judicial review is not the proper remedy.
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A constitutional petition challenging the constitutionality of subsidiary legislation is maintainable before the High Court under BRADEA if it alleges violation of basic rights, and the existence of alternative remedies under judicial review does not bar such a petition. The Minister is a proper party, but all entities responsible for promulgation of the impugned regulations should be joined as necessary parties.
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The application was dismissed because the applicant failed to establish a prima facie case, did not demonstrate sufficient personal interest, and had alternative remedies available. The allegations were unproven, and the applicant was not directly affected by the appointment. The court found no basis to grant leave for judicial review.
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The petitioners and supporters, as majority shareholders and directors, had effective control of the company and access to internal remedies under the articles of association and the Companies Act. They failed to utilize these remedies and instead sought a winding up order on just and equitable grounds for issues arising from their own management. The court held that winding up is a remedy of last resort, only available when no alternative exists or when alternative remedies have failed. As the petitioners had not exhausted available remedies and were responsible for the alleged mismanagement…
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The Court of Appeal dismissed an application for extension of time to seek revision, finding no good cause and noting an alternative remedy existed.
The petitioners are barred from instituting a constitutional petition as they have not exhausted alternative remedies available under ordinary civil and criminal law. The reliefs sought can be obtained through civil suits or in the course of criminal proceedings, and the existence of alternative remedies precludes the High Court from entertaining the petition under Cap 3.
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The High Court overruled most preliminary objections in a judicial review leave application, but expunged offending affidavit paragraphs for hearsay and conclusions.
The Court of Appeal of Tanzania dismissed an application for review, holding that the grounds raised were not manifest errors on the face of the record and were largely appeal points.
The High Court granted leave to appeal against a winding-up ruling, finding arguable issues on Section 282(2) of the Companies Act and the alternative remedy ordered.
The High Court declined to dismiss a winding-up petition as premature, granted 14 more days for compliance, and ordered valuation of the company and shares.
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