JOSEPH F. MASSANJA(App)
Vs
THE PRINCIPAL SECRETARY,
PRIME MINISTER'S OFFICE,
REGIONAL ADMINISTRATION AND LOCAL GOVERNMENT RESPONDENTS
THE ATTORNEY GENERAL(Res)
At the hearing of the appeal Mr. Stephen Sangawe, learned
advocate for the appellant, conceded that the appeal is incompetent
for want of leave under section 5(l)(c) of the Appellate
Jurisdiction Act (CAP141 R.E. 141), hereinafter the Act.
Before the High Court at Tanga (Shayo, J.) the appellant
applied for leave to file an application for prerogative orders of
certiorari, mandamus and prohibition. The application was dismissed
mainly on the grounds that the intended application was futile
because the appellant's transfer from Korogwe District Council to
Hombolo Local Government Institute was administrative and not
judicial, that it was a normal transfer from one local government
institution to another, and finally that at any rate the transfer was not
with different terms and conditions of service.