dr peter naniyo phisoo vs the executive director bagamoyo municipal council 2023 tzhc 18185 21 june 2023

dr peter naniyo phisoo vs the executive director bagamoyo municipal council 2023 tzhc 18185 21 june 2023

The applicant demonstrated sufficient interest, an arguable case regarding denial of the right to be heard, and compliance with the limitation period due to a granted extension; thus, leave to apply for judicial review is warranted.

Source-derived case information.

Citation
dr peter naniyo phisoo vs the executive director bagamoyo municipal council 2023 tzhc 18185 21 june 2023
Parties
Applicant: Dr. Peter Naniyo Phissoo; 1st Respondent: The Executive Director, Bagamoyo Municipal Council; 2nd Respondent: The Chairman Public Service Commission; 3rd Respondent: The Chief Secretary; 4th Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 June 2023
Procedural Posture
Application for Leave for Judicial Review (certiorari and Mandamus) / Ruling on Application for Leave
Outcome
Leave granted
Legal Topics
Judicial Review, Certiorari, Mandamus, Dismissal From Employment, Right to Be Heard, Extension of Time
Source Language
english
Administrative Law Employment Law Judicial Review Certiorari Mandamus Dismissal From Employment Right to Be Heard Extension of Time

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Parties

Dr. Peter Naniyo Phissoo

Applicant

The Executive Director, Bagamoyo Municipal Council

1st Respondent

The Chairman Public Service Commission

2nd Respondent

The Chief Secretary

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Application for Leave for Judicial Review (certiorari and Mandamus) / Ruling on Application for Leave

Legal Issues

  1. 1 Whether the applicant has met the criteria for leave to apply for judicial review
  2. 2 Whether the application is within the prescribed time
  3. 3 Whether the applicant has sufficient interest and an arguable case

Ratio Decidendi

The applicant demonstrated sufficient interest, an arguable case regarding denial of the right to be heard, and compliance with the limitation period due to a granted extension; thus, leave to apply for judicial review is warranted.

Court Disposition

Leave granted

Orders

  • Leave granted to the applicant to apply for orders of certiorari and mandamus
  • No order as to costs