Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA AT DAR -ES-SALAAM

MISC. CIVIL CAUSE NO. 90 OF 1991

FESTO BALEGELE & 794 OTHERS .................... APPLICANTS
VERSUS
DSM CITY COUNCIL........................................RESPONDENTS

BEFORE: THE HON. JUDGE MR. YAHYA RUBAMA

Civil Procedure: Whether the applicants had legal standing to bring the matter before
court.
What constitutes standing?

The Application was brought against the Dar es Salaam City Council seeking the following
orders:

1. An order of Certiorari to quash the decision of the Respondents to dump the City’s waste
   and refuse at Kunduchi Mtongani a residential area in Dar es salaam where the applicants
   reside.


2. An Order to prohibit the Respondent from continuing to use Kunduchi Mtongani as a
   refuse dumping site.


3. An Order of Mandamus to direct the respondent to discharge its functions according to
   law by establishing an appropriate refuse dumping site and using it.

The applicants complained that the respondents’ actions were causing a nuisance.
The respondents argued that the refuse collection and its disposal was one of the respondent’s
mandatory duties under the Local Government (Urban Authorities) Act.

They also raised a preliminary objection on grounds that the application before court was
misconceived and therefore qualified to be dismissed.

HELD:

1. The disposal of refuse and waste at the area in question is ultra vires the Local
   Government (Urban Authorities) Act.


2. The court prohibits the respondent from continuing to carry out its decision of using
   Kunduchi Mtongani as a refuse dumping site.


3. The court issues an order for mandamus and directs respondent to discharge its
   functions in accordance with the law by establishing an appropriate refuse dumping
   site and using it.

Application upheld