IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

IMArN REGTSTRYI
AT DAR ES SALAAM
MISCELLANEOUS CIVIL CAUSE NO.27673 OF 2023
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR
PREROGATIVE I.A
ORDERS OF CERTIORARI AND MANDAMUS
RHEEruED
AND
IN THE MATTER OF THE LAW REFORM (FATAL 15 7fi7"3
*
MISCELLANEOUS P. O. 8ox 2L48

PROVTSTON) ACT, CAP. 310 R. E. 2019 tF

4.q*rrn
AND
IN THE MATTER OF THE LAW REFORM (FATAL ACCIDENTS
MISCELLANEOUS PROVISIONS) (JUDICIAL REVIEW AND FEES) RULES' GN
NO. 324 0F 2014.
AND

IN THE MATTER OF THE TANGANYIKA LAW SOCIETY ACT, CAP. 307 R' E'
2002
AND

IN THE MATTER OF THE TANGANYIKA LAW SOCIETY (MEETINGS)

REGULATTONS, G.N NO. 523 OF 2O2O.
AND

IN THE MATTER OF AN APPLICATION TO CHALLENGE THE DECISION OF

THE TANGANYIKA LAW SOCIETY THROUGH ITS GOVERNING COUNCIL
FOR CALLINGEXTRA ORDINARY GENERAL MEETING WHICH IS
INTENDED

TO BE HELD ON 16TH DECEMBERI2O2g FOR BEING UNREASONABLE'

ILLEGAI./ IRRATIONAL AND TAINTED WITH PROCEDURAL IMPROPRIETY'
BETWEEN

BARTAZARY BOSCO MAHAI .......,..APPLICANT

VERSUS

TANGANYIKA LAW SOCIETY 1ST RESPONDENT

ATTORNEY GENERAL. ....,,.."' 2ND RESPONDENT

Page 1 of
^+"1
 ORDER OF THE COURT

Upon hearing ex-pafte the Applicant, Baltazar Bosco Mahai, in this

application that he has filed in this Court this application for leave to file

application for judicial review to challenge decision of the l't

Respondent, the Tanganyika Law Society (TLS), to convene an Extra-

Ordinary General Meeting which is scheduled on L61t212023;

That, he has filed this application under section 18(1) and 19(3) of the

Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, [Cap.

3r0 R. E. 20191 and Rules 5(1) and (2xa), (b), (c) and (d) (6) and 7(5)

of the Law Reform (Fatal Accidents and Miscellaneous Provisions)

(Judicial Review and Fees) Rules, GN No. 324 of 20t4;

That, he has filed this application under ceftificate of urgency because

the said Extra-ordinary Meeting is scheduled to take place on saturday

t61t212023, that is, tomorrow;

That, if the said meeting is conducted, will render this application

useless and nugatory thus affecting the applicant's right to be heard

and full participation in the affairs of the 1't Respondent as active

member.

Page2 of 4

fl/
That, among other reliefs sought in the Chamber Summons, include an

order for issuance of temporary injunction order to restrain the l't

Respondent from convening the said meeting pending determination

of

this application, an order allowing him to notify the Attorney General and

adjournment of hearing inter-parties of this matter to a convenient date;

That, in order to prevent this application from being overtaken by event

and'rendered the same useless and nugatory, interuention by this Coutt

by issuance of interim injunctive order is highly demanded;

And that, under Rule 5(6) and 7(5) of GN No. 324 of 20L4, this
Coutt is

empowered to grant injunctive orders before determination of this

application or after.

Therefore, this Couft taking into consideration on the need

to have

of the
maintenance of status quo of the pafties pending determination
the urgency
application for leave filed in this Court and upon considering

nature and circumstances under which this application is made,

this

court finds it expedient to grant the prayers by the applicant.

-
consequently, I do hereby make the following orders:

l-. The 1't Respondent, Tanganyika Law Society, (TLS)

" is hereby

restrained from convening the Extra- ordinary General Meeting

Page 3 of 4

+?
a

intended to be held on 16th December, 2023, pending

determination of this application for leave to apply for judicial

review

2. Hearing inter-parties of the application for leave to apply for

judicial review will be held on 0810212024; and

3. That, the applicant shall notify the Attorney General about this

application per requirement of section 18 of the Law Reform (Fatal

Accidents and Miscellaneous Provisions) Act.

Order accordinglY.

Dated at Dar -es Salaam this 15th this day of December,2023

F. K. DA

JUDGE

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