20090917 TZHC Dar es Salaam

20090917 TZHC Dar es Salaam

The application for leave to apply for prerogative orders against the Attorney General was time barred as it was filed more than six months after the decision of the Industrial Court, and no valid extension or exclusion of the limitation period was pleaded or applicable. The original application was incompetent for failure to join the Attorney General at the leave stage, and the subsequent application could not cure the limitation defect.

Citation
20090917 TZHC Dar es Salaam
Parties
Applicant: Johho Mbwana and 7 others; Respondent: The Attorney General; Respondent: Tanzania Coastal Shipping Line Company (TACOSHILI)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 September 2009
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections Regarding Application for Leave to Apply for Prerogative Orders
Outcome
Application dismissed as time barred.
Legal Topics
Prerogative Orders, Certiorari, Mandamus, Limitation of Actions, Joinder of Parties, Redundancy, Industrial Court Decisions
Source Language
English
Administrative Law Civil Procedure Labour Law Prerogative Orders Certiorari Mandamus Limitation of Actions Joinder of Parties +2 more

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Parties

Johho Mbwana and 7 others

Applicant

The Attorney General

Respondent

Tanzania Coastal Shipping Line Company (TACOSHILI)

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections Regarding Application for Leave to Apply for Prerogative Orders

Legal Issues

  1. 1 Whether the application for leave to apply for prerogative orders against the Attorney General was time barred
  2. 2 Whether failure to join the Attorney General at the leave stage rendered the original application incompetent

Ratio Decidendi

The application for leave to apply for prerogative orders against the Attorney General was time barred as it was filed more than six months after the decision of the Industrial Court, and no valid extension or exclusion of the limitation period was pleaded or applicable. The original application was incompetent for failure to join the Attorney General at the leave stage, and the subsequent application could not cure the limitation defect.

Court Disposition

Application dismissed as time barred.

Orders

  • Suit dismissed.
  • No order as to costs.