almachius kilaja vs chief court admininstrator others 2018 tzhc 2701 31 july 2018

almachius kilaja vs chief court admininstrator others 2018 tzhc 2701 31 july 2018

The applicant established arguable issues regarding denial of the right to be heard and potential illegality in the termination decision. The application was filed within the prescribed limitation period, and the applicant has sufficient interest. Leave to apply for prerogative orders is therefore granted.

Citation
almachius kilaja vs chief court admininstrator others 2018 tzhc 2701 31 july 2018
Parties
Applicant: Almachius Alchard Kilaja; 1st Respondent: The Chief Court Administrator; 2nd Respondent: The Judicial Service Commission; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 July 2018
Procedural Posture
Miscellaneous Civil Cause (application for Leave for Judicial Review) / Ruling on Application for Leave to Apply for Prerogative Orders of Certiorari and Mandamus
Outcome
Leave granted to apply for prerogative orders of certiorari and mandamus.
Legal Topics
Judicial Review, Natural Justice, Termination of Employment, Prerogative Orders, Public Interest Retirement
Source Language
English
Administrative Law Employment Law Constitutional Law Judicial Review Natural Justice Termination of Employment Prerogative Orders Public Interest Retirement

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Parties

Almachius Alchard Kilaja

Applicant

The Chief Court Administrator

1st Respondent

The Judicial Service Commission

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause (application for Leave for Judicial Review) / Ruling on Application for Leave to Apply for Prerogative Orders of Certiorari and Mandamus

Legal Issues

  1. 1 Whether the applicant has established sufficient grounds for leave to apply for prerogative orders of certiorari and mandamus against the respondents' decision terminating his employment for public interest
  2. 2 Whether the applicant was denied the right to be heard and whether the termination was ultra vires and contrary to principles of natural justice

Ratio Decidendi

The applicant established arguable issues regarding denial of the right to be heard and potential illegality in the termination decision. The application was filed within the prescribed limitation period, and the applicant has sufficient interest. Leave to apply for prerogative orders is therefore granted.

Court Disposition

Leave granted to apply for prerogative orders of certiorari and mandamus.

Orders

  • Leave to apply for prerogative orders of certiorari and mandamus is granted as prayed.
  • Costs to be in the course.