The hearing of this application was conducted by way of written
submissions. Mr. Mpoki of Mpoki & Associates, Advocates submitted for
the applicants whereas Mr. Ladislaus Komanya, learned senior state
attorney from the Office of Solicitor General, Mtwara, submitted on
behalf of the three respondents.
Before delving into the merits or otherwise of this application, I
have, at this stage, to consider the concern by the learned senior state
attorney that the applicants, in their submission, have gone beyond
their grounds of prayers set out in the chamber summons and
statement. It is true that the grounds relating to procedural impropriety
and proportionality were not among the grounds raised in their
application for certiorari in question. According to the chamber
summons,
the applicants are seeking judicial review of the
respondent’s
ministerial
power
of
promulgating
the
1st
impugned
Regulations in excess of powers, illegally and against the principles of
natural justice, unreasonable, arbitrary and ambiguous. These grounds
have been itemized in ground No.
1 (ultra vires), ground No. 2
(unreasonable, arbitrary and ambiguous), ground No. 3 (illegality and
unreasonable), ground No. 4 (illegality), ground No. 5 (arbitrary), ground
No. 6 (ambiguous), ground No. 7(arbitrary), ground No. 8 (against
principles of natural justice).
Although, the issue of procedural impropriety was not one of the
grounds in both the chamber summons and statement of the applicants,
li
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