Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM

CIVIL CASE No. 316 OF 2000.

FELIX JOSEPH MAVIKA & 4 OTHERS .................... PLAINTIFF

VERSUS

1. DAR ES SALAAM CITY COMMISSIONER


2. ILALA MUNICIPAL COMMISSION..........................DEFENDANTS

BEFORE: THE HON. JUDGE MR. S IHEMA

Civil Procedure: Whether individuals can be represented by fellow individuals in public
rights actions without consent from the Attorney General.
Whether the applicants had legal standing to bring the matter before
court.

The applicants in this case sought for an interim order to restrain the Respondents, the Dar-es
Salaam City Commission and Ilala Municipal Commission, from, inter alia, dumping solid and
liquid wastes in a particular area because of pollution of the areas environment as well as
endangering the health and lives of the applicants. Furthermore, they also sought an order
restraining the respondents from using the abattoir located in the area for slaughtering of animals
due to total disrepair as well as due to its vicinity to the dumping site and the use of polluted
water from a water hole dug near the dumping site.

The respondents contended that the matter before the court was a public right because the
applicants were alleging public nuisance. Where public rights were at issue individuals had no
right to represent individuals hence the applicants as individuals would have no locus standi in
the matter before the court without the consent of the Attorney General because that application
would be an attempt to fetter his statutory powers.

HELD:

1. The applicants who are claiming to be affected by the action of the respondents in
   the dumping of solid wastes and failing to provide a clean and healthy environment
   have a cause of action.


2. Applicants can be heard on matters raised in their deposition in asserting both a
   public right and or special damage suffered or likely to be suffered over and beyond
   the general public.


3. Regarding the prayers for temporary injunction the court defers on making a decision
   on the prayers until the final determination of the suit is filed.