chikira laurence jahari vs the chief secretary jahari and others 2020 tzhc 3367 9 october 2020

chikira laurence jahari vs the chief secretary jahari and others 2020 tzhc 3367 9 october 2020

The applicant established a prima facie case of illegality in the impugned decision, specifically the failure to consider sub-clause 3 of clause 2.6 of the relevant Guidelines, which is apparent on the face of the record and of sufficient importance. This suffices as a ground for extension of time.

Citation
chikira laurence jahari vs the chief secretary jahari and others 2020 tzhc 3367 9 october 2020
Parties
Applicant: Chikira Laurence Jahari; 1st Respondent: The Chief Secretary Jahari; 2nd Respondent: Higher Education Students Loan Board; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 October 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Judicial Review, Illegality as Ground for Extension, Employment Termination
Source Language
English
Civil Procedure Administrative Law Employment Law Extension of Time Judicial Review Illegality as Ground for Extension Employment Termination

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Parties

Chikira Laurence Jahari

Applicant

The Chief Secretary Jahari

1st Respondent

Higher Education Students Loan Board

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant adduced sufficient reasons for extension of time to apply for leave for judicial review

Ratio Decidendi

The applicant established a prima facie case of illegality in the impugned decision, specifically the failure to consider sub-clause 3 of clause 2.6 of the relevant Guidelines, which is apparent on the face of the record and of sufficient importance. This suffices as a ground for extension of time.

Court Disposition

Application allowed

Orders

  • Extension of time to apply for leave to file application for prerogative orders granted
  • Applicant to file the application within thirty (30) days from the date of the ruling