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Tanzania decisions
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The High Court allowed a land appeal, set aside rectification of the land register, and restored the appellant as owner after finding improper attestation of a declaration.
The President's decision to retire the applicant from public service in the public interest was faulty for failure to articulate reasons, violating principles of natural justice and fair administrative action. Removal and retirement are synonymous under Tanzanian law, and the President has the power to retire a public servant in public interest, but must provide reasons for such action.
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The High Court struck out a Mareva injunction application, holding the dispute challenged administrative action and should have been brought by judicial review.
The applicant is not entitled to the interim orders sought because it lacks legal recognition under the current law, having failed to obtain a certificate of registration as required by the Water Supply and Sanitation Act, No. 5 of 2019 and relevant regulations. The actions of the 1st respondent were within statutory powers to enforce compliance. The court cannot grant orders that would contravene the law. However, the applicant is given 45 days to comply with registration requirements if it wishes to continue operations.
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The High Court declined interim restraint orders over a water trust’s board and bank account, holding the trust had not complied with registration requirements under the 2019 water law.
Applicants failed to demonstrate any novel point of law or arguable issue warranting leave to appeal; their grounds are matters of fact, not law, and the affidavit did not properly state grounds for leave.
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The Tribunal Chairman acted ultra vires by exercising revisionary and review powers over his own decision without statutory authority or proper application, rendering the decision a nullity.
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