deusdedit sylvanus malebo vs chief court administrator others 2018 tzhc 112 25 may 2018

deusdedit sylvanus malebo vs chief court administrator others 2018 tzhc 112 25 may 2018

The applicant established an arguable case that his termination was contrary to law and the principles of natural justice, filed the application within the prescribed time, demonstrated sufficient interest, and showed there was no other adequate remedy available. Therefore, leave to apply for prerogative orders was granted.

Citation
deusdedit sylvanus malebo vs chief court administrator others 2018 tzhc 112 25 may 2018
Parties
Applicant: Deusdedit Sylvanus Malebo; Respondent: Chief Court Administrator; Respondent: Judicial Service Commission; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 May 2018
Procedural Posture
Miscellaneous Civil Cause (judicial Review Leave Application) / Ruling on Ex Parte Application for Leave to Apply for Prerogative Orders
Outcome
Leave granted
Legal Topics
Prerogative Orders, Natural Justice, Termination of Employment, Jurisdiction, Procedural Fairness
Source Language
English
Administrative Law Employment Law Judicial Review Prerogative Orders Natural Justice Termination of Employment Jurisdiction Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Deusdedit Sylvanus Malebo

Applicant

Chief Court Administrator

Respondent

Judicial Service Commission

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause (judicial Review Leave Application) / Ruling on Ex Parte Application for Leave to Apply for Prerogative Orders

Legal Issues

  1. 1 Whether the applicant has established sufficient grounds for leave to apply for orders of Mandamus, Prohibition, and Certiorari against the respondents' decision to terminate his employment
  2. 2 Whether the application was filed within the prescribed limitation period
  3. 3 Whether the applicant has any other adequate remedy available

Ratio Decidendi

The applicant established an arguable case that his termination was contrary to law and the principles of natural justice, filed the application within the prescribed time, demonstrated sufficient interest, and showed there was no other adequate remedy available. Therefore, leave to apply for prerogative orders was granted.

Court Disposition

Leave granted

Orders

  • Applicant granted leave to lodge an application for prerogative orders of Mandamus, Prohibition, and Certiorari against the respondents
  • No order as to costs