bank of tanzania vs labour commissioner another 2001 tzhc 25 1 august 2001
The court found that the applicant raised serious legal issues regarding fairness and procedural impropriety in the tender process, warranting judicial determination and thus granted leave for the substantive application to be filed within thirty days.
Source-derived case information.
- Citation
- bank of tanzania vs labour commissioner another 2001 tzhc 25 1 august 2001
- Parties
- Applicant: The Bank of Tanzania; Respondent: Labour Commissioner; Respondent: Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 August 2001
- Procedural Posture
- Miscellaneous Civil Cause / Ruling on Application to Strike Out Leave for Failure to File Substantive Application on Time
- Outcome
- Leave granted for substantive application; application to strike out leave denied.
- Legal Topics
- Prerogative Orders, Certiorari, Mandamus, Tender Process, Procedural Impropriety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Bank of Tanzania
Applicant
Labour Commissioner
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application to Strike Out Leave for Failure to File Substantive Application on Time
Legal Issues
- 1 Whether leave for prerogative orders should be struck out for failure to file substantive application within prescribed time
- 2 Whether the tender process was conducted fairly and in accordance with the law
Ratio Decidendi
The court found that the applicant raised serious legal issues regarding fairness and procedural impropriety in the tender process, warranting judicial determination and thus granted leave for the substantive application to be filed within thirty days.
Court Disposition
Leave granted for substantive application; application to strike out leave denied.
Orders
- Substantive application to be filed within thirty days from the date of this ruling.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
1 IN THE HIGH COURT OF TANZANIA (D’SALAAM MAIN REGISTRY) AT PAR ES SALAAM MISC. CIVIL CAUSE NO.51 OF 1999 THE BANK OF TANZANIA............ APPLICANT VERSUS 1. LABOUR COMMISSIONER 2. ATTORNEY GENERAL............ RESPONDENTS RULING MSUMI. JK: After leave to file application for prerogative orders of certiorari and mandamus was granted, the court ordered the respondent to file the substantive application by 31/12/99. In the present proceedings the applicants are requesting the court to strike out the said leave for respondent’s failure to file the substantive application by 31/12/99 as ordered. In reply, respondent admits that it failed to file the application within the prescribed time. However, it contends that the application was filed on 29/2/2000 after the court, on 3/2/2000, had granted it leave to file the said application out of time. The applicants are on the other hand contending that at to ignore most part of their argument. The fact on record is that applicant was one of bidders for the tenders floated by the first respondent. Applicant is challenging the decision of second respondent of not awarding the said tender to him on the ground that it was not done fairly. For example applicant is alleging that second respondent took into account matters which ought not to have been taken, that applicant was not given an opportunity to be heard and generally the tender process was tainted with procedural impropriety. No doubt these allegations raise serious legal issues for judicial determination. On this ground leave is accordingly granted. The substantive application to be filed within thirty days from the date of this ruling. Nor order as to costs. ni JAJI KIONGOZI. 1/8/2001 For the applicant: Msafiri For the respondent: Miss Otaro