The Applicant, avers that he is a member of the Tanzania Red
Cross Society. The applicant was informed that his membership with the Society
had been terminated. He thus filed the present action, pleading to the Court to
issue the prerogative orders of certiorari and prohibition against the
Society. Applicant’s affidavit in support of the present application mentions
the reasons for filing the same as, among others, breach of the rules of
natural justice (the right to be heard and bias due to lack of impartiality in
the decision-making process), failure to abide by laid down procedures, lack of
jurisdiction, and error of law due to reliance on an inapplicable provision of
the Society’s Constitution. In their responses, both Respondents have raised
points of preliminary objections. Learned counsel for the Society maintains
that the application is bad in law, as it seeks to rely on public law remedies
in a matter that is essentially private. In their submissions the parties
further raised the issue of stare decisis.