It is a trite taw that it is the duty of the Court to determine the
real issue on the matter brought to Court as stated in the case of
Mwalimu Paul John Mhozya vs. Attorney General, (1996) TLR.13
that,
"It is the function o f a court o f justice to try to get the bottom o f
the real dispute and determine what are the real issues in the matter
before it p ro vid ed o f course>no party can be prejudiced."
At this juncture also, I have to remind the counsel for the
petitioner that the duty to frame issues to be determined the matter is
dispute is within the Court's domain and not the counsel as pointed out
by the State Attorney for the respondent when referring us to the case
of Juma Issa Ramadhan (Supra).
Considering the petition at hand, this Court will direct itself to
determine the issues raised in the pleadings and not wishes of the
parties to choose what to be determined by the Court. In that line the
issue to be determined by this Court is whether the provision of section
9 of the Media Service Act, should be declared null and void for
violating the petitioner's right guaranteed under article 18 of the
constitution of URT, and therefore be expunged from the Act.
15
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