All preliminary objections dismissed; leave application allowed to proceed.

The applicant, a member of the Governing Council of the Tanganyika Law Society (TLS), sought leave to file judicial review proceedings for orders of mandamus and certiorari. He alleged that the 1st and 2nd Respondents had denied him access to unclassified documents necessary for the execution of his oversight and governance responsibilities within TLS. The 1st to 3rd Respondents filed a counter-affidavit and raised five preliminary objections, including prematurity for failure to exhaust remedies, failure to attach the impugned decision, lack of locus standi, defects in the supporting affidavit, and that the application was frivolous and an abuse of court process.

1. Whether the application for leave was premature for failure to exhaust internal remedies. 2. Whether the alleged refusal to provide documents constituted a decision capable of judicial review. 3. Whether the applicant had locus standi to bring the application. 4. Whether the supporting affidavit was defective for containing arguments and conclusions. 5. Whether the leave application was frivolous, vexatious, or an abuse of court process.

The Court held that the applicant had taken sufficient steps by requesting the documents from the Executive Director and the President of TLS, and that Section 28 of the Tanganyika Law Society Act obliges the Council to make meeting minutes available to members upon demand. The alleged refusal to provide the documents constituted a decision capable of being challenged by judicial review. The Court further held that the applicant, being a Governing Council member with oversight duties, had sufficient interest to establish locus standi. The affidavit contained factual averments rather than improper argument or belief. Since the matter was at the leave stage, allegations of frivolousness or abuse of process were premature. All preliminary objections were therefore dismissed with costs.