amina swalehe mkwata vs teachers service commission and two others 2022 tzhc 14828 16 november 2022

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

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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

  1. 1 Whether the application for prerogative orders was filed within the statutory time limit
  2. 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  • Application withdrawn with no order for costs