amina swalehe mkwata vs teachers service commission and two others 2022 tzhc 14828 16 november 2022
The application was filed four months and eighteen days after leave was granted, far beyond the fourteen-day statutory limit, requiring dismissal under Section 3(1) of the Law of Limitation Act, Cap 89.
- Citation
- amina swalehe mkwata vs teachers service commission and two others 2022 tzhc 14828 16 november 2022
- Parties
- Applicant: Amina Swalehe Mkwata; 1st Respondent: The Teachers Service Commission President's Office Kondoa; 2nd Respondent: The Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 November 2022
- Procedural Posture
- Misc. Civil Application / Ruling on Preliminary Objection
- Outcome
- Application dismissed as time-barred
- Legal Topics
- Certiorari, Mandamus, Limitation of Actions, Unlawful Termination
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Amina Swalehe Mkwata
Applicant
The Teachers Service Commission President's Office Kondoa
1st Respondent
The Attorney General
2nd Respondent
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for prerogative orders was filed within the statutory time limit
- 2 Whether the application should be dismissed for being time-barred
Ratio Decidendi
The application was filed four months and eighteen days after leave was granted, far beyond the fourteen-day statutory limit, requiring dismissal under Section 3(1) of the Law of Limitation Act, Cap 89.
Court Disposition
Application dismissed as time-barred
Orders
- Application withdrawn with no order for costs
Full Case Text
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