20070817 TZHC Dar es Salaam

20070817 TZHC Dar es Salaam

Leave to apply for prerogative orders is granted where the applicant demonstrates being affected by the impugned decision and absence of an alternative remedy. No stay of proceedings can be granted without a formal application and supporting evidence.

Citation
20070817 TZHC Dar es Salaam
Parties
Applicant: African Explosive (T) Ltd.; Respondent: Minister of Labour; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 August 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Apply for Prerogative Orders
Outcome
Leave granted
Legal Topics
Judicial Review, Certiorari, Mandamus, Declaration, Leave to Apply, Security of Employment Act, Employment and Labour Relations Act
Source Language
English
Administrative Law Labour Law Judicial Review Certiorari Mandamus Declaration Leave to Apply Security of Employment Act +1 more

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Parties

African Explosive (T) Ltd.

Applicant

Minister of Labour

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Apply for Prerogative Orders

Legal Issues

  1. 1 Whether the applicant should be granted leave to apply for orders of certiorari, mandamus, and declaration against the decision of the Minister of Labour
  2. 2 Whether leave should operate as a stay of proceedings

Ratio Decidendi

Leave to apply for prerogative orders is granted where the applicant demonstrates being affected by the impugned decision and absence of an alternative remedy. No stay of proceedings can be granted without a formal application and supporting evidence.

Court Disposition

Leave granted

Orders

  • Leave to apply for prerogative orders granted. Application to be filed within 14 days.
  • No order as to costs.