IN THE HIGH COURT OF TANZANIA
AT DAR ES SALAAMCIVIL CASE NO. 316 OF 2000FELIX JOSEPH MAVIKA & 4 OTHERS================PLAINTIFF
VERSUS- DAR ES SALAAM CITY COMMISSIONER =================1ST DEFENDANT
- ILALA MUNICIPAL COMMISSION ======================2ND DEFENDANT
RULING
This is an application under Sections 68 (c) and (e) and 95 as well as Order XXXVII Rule 1 and 2
of the CiviI Procedure Code by Felix Joseph Mavika, Leornard Manyara Massawe, Beatus Paul
Duma, and Gaspar Eliheri Maruma and Badi Abdallah Khamisi on behalf of 353 others against
Dar-es-Salaam City Council and Ilala Municipal Commission. The application which is
accompanied by an affidavit of Felix Joseph Mavika on beha1f of the others, herein after to be
referred to as applicants, seeks for the following orders:
(i) an interim order to restrain the Respondents severally and jointly by themselves or
through their agents, work persons e.t.c. from dumping solid and liquid wastes in
Vingunguti area because of pollution of the area’s environment as well as
endangering the health and lives of the applicants, their families and other residents
pending the determination of an application for temporary injunction;(ii) an interim order restraining the Respondents severally and jointly by themselves or
through their agents, work persons etc. from using the abattoir located in Vingunguti
area for slaughtering of animals due to dilapidation and total disrepair as well as due
to its vicinity to the dumping site and the use of polluted waste from a water hole dug
near the dumping site pending the determination of an application for temporary
injunction; and(iii) a temporary injunction to restrain the respondents from dumping solid and liquid
wastes in Vingunguti area as well as the use abattoir located in the area pending the
determination for the suit.
It is further noted that the applicants/ plaintiffs have filed a substantive suit pleading for a specific
remedies and reliefs among which is a prayer for a permanent injunction prohibiting the
respondents/defendants from dumping liquid and solid wastes in Vingunguti area.
The applicants are advocated by a team of learned counsel with Rugemeleza Nshala as the lead
counsel. The respondents on other hand, are represented by Ma Makuru, learned City Solicitor
and Mr. Maganga the legal officer of the Ilala Municipal Commission. The respondents upon
being served with the application and the suit filed a counter affidavit, a written statement of
defence and a notice of preliminary objection. The essence of the prelirninary objection is to
challenge the locus standi of the applicant, the incompetence of the application as well as the
absence or lack of a cause of action on the part of the applicants. In arguing the preliminary
objection, M/s. Makuru the learned City Solicitor has contended that the matter before the court is
a public right because the applicants are alleging public nuisance, the existence of which if
proved would call into play the provisions of Section 66 of the Civil Procedure Code requiring