In Re: an Apllication by Severino Consiglio for Leave to Apply for an Order of Oertiorari and Brohibition; In Re: Decesion of the Director of Immigration Services to Impound Mr. Sevrino Consiglio; In Re: Director of Immigration Services (Misc Civil Cause No 63 of 1990) [1991] TZHC 2120 (30 July 1991)

MSUMI 2 J: ' .. AT Di.R ES SALAlJ.i MISC. CIVIL CAUSE NO. 63 OF 1990 In the matter of the Judicature and pplication of Laws Ordinance (cap.453) and the Law reform (Fatal Accidents·and Misc. Prov.)· Ordinance Amendment Act 1968. and In the matter of an aplication by severino i consiglio for leave to apply for ~n order of oertiorari and Brohibition and

In the matter '.Jf the Decesion of the Director of
ImmigratiJn services tJ impound Mr. SEV~RINO CONSIGLIO
and
THB DIRECTOR OF IIfll.UGRil.TION SBRVICBS.
RULING
~ This is an applic~tion for Orders of Certiorari and prohibition. The
-p;licant is asking the court tJ reiilove the decision of the respondent - th
\
Director of Immigra'tj..on Services - impounding the applican_:i,.'.s Italian passp
No~ 209206A and quash it. Farthermore it is prayed that the ~esp 0 ndent shou-
be prohibited from any other act of impounding the said passpo~~•
When respondent appeared in court .m 27.1Q.90,he asked f')r time to file
counter affidavit in reply to the applicant's prayer. Granting his request.
the court adjo•~neq the matter to 22/12/90 and cJunter affidavit was to be f
then. But since then respondent has not appeared in court and ·ho counter
affidavit has been filed. Consequently Jn 4/4/91 the"~_.:iurt granted leave to
the applicant ~o proceed ex parte by way of affidavit. ~s- ~irected by
the court, applicant dulj filed the affidavit by 27/4/91 when the matter
was called bef0re the Deputy Registrar. Among other information, the
-i(idavi t shows that respondent has de·nied. the applicant some explanation
WdY his passport has been impoundetl. The two letters by·th~ spunsel for the
applicant seeking the said explanation remain una~swered to date. According
to the affidavit, prior to the complained decision of the respondent, no
opportunity for· explanation ·was afforded to the applica~t. In other words
it is contended that applicant was condemned unheand which is offensive
I
to princi1le of natural justice. For unknown reaso~ respondent has decided r
to counter this serious.allelation.
As per his affidavit, it is held that applicant has sufficiently
substantiated his complaints to warrant this court issue the prayed ~rits.
Hence it is ordered that the decision of the Director of Immigration ServicP'
impounding the Italian Passport No 209206A issued to the applicant is hereby
quashed and farthermore the said director is prohibi te,d ·f,~m cofilmi tting any
passport. · ':\ jLt,r:_ tu_;_
other acts of impounding th~ said
Il, .i. MSUMI
JUDGE
30/7/91
For the applicant·_ F,S.Ivlbuya
For the respond(:;;nt - Absent.