others v. the Attorney General, Miscellaneous Civil Cause No. 117 of
2004 while determining the constitutionality of the impugned provision of
the then section 148(5)(e) of the CPA and section 148(5)(a)(i) of that Act,
in relation to armed robbery that, Courts are bound to look at and determine
on the constitutionality of the impugned provisions and not how they are
applied because, failure to comply with impugned provision/s is a question
of administration and not of deficiency of the provision itself.
In Ndyanabo's case (supra), Mtobesya's case (supra), National
Bank of Commerce v Commissioner General Tanzania Revenue
Authority Civil Appeal No. 52/018, (Unreported), (Dodoma Registry), EADB
vs. Blueline Enterprises Limited, Civil Appeal No. 110 of 2009, (Unreported)
and Chiriko Haruna David v Kangi Alphaxard Lugora & 2 Others, Civil
Appeal No. 36 of 2012 to mention a few, the Court of Appeal was settled
that, until the contrary is proved, a legislation is presumed to be
constitutional and also that, when the issue of interpretation arises, the
constitutional construction and interpretation of a Statute should receive
such construction as it will make it operative and not inoperative.
t
In EADB vs. Blueline Enterprises Limited (supra) the Court
underscored:
t
"It has been established and we believe there is ample authority for saying
so, that 'our first assumption in reading the words of any text is that the
author is using them in their ordinary meaning'.... The Courts, therefore,
under the ordinary meaning rule of statutory construction are obliged to
determine the ordinary meaning of the words to be interpreted and to adopt
this meaning in the absence of a reason to be rejected in favour of some
other interpretation".
In National Bank of Commerce v. Commissioner General
Tanzania Revenue Authority (supra), the Court of Appeal held at page
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