edwin emmanuel mukulasi vs police force immigration and prison service commission others 2022 tzhc 327 8 february 2022

edwin emmanuel mukulasi vs police force immigration and prison service commission others 2022 tzhc 327 8 february 2022

The applicant established an arguable case for judicial review, demonstrated sufficient interest, acted promptly, and showed no alternative remedy was available; therefore, leave to apply for judicial review is granted.

Citation
edwin emmanuel mukulasi vs police force immigration and prison service commission others 2022 tzhc 327 8 february 2022
Parties
Applicant: Edwin Emmanuel Mukulasi; 1st Respondent: Police Force Immigration and Prison Service Commission; 2nd Respondent: Permanent Secretary, Ministry of Home Affairs; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 2022
Procedural Posture
Application for Leave for Judicial Review / Ruling on Application for Leave
Outcome
leave granted
Legal Topics
Judicial Review, Certiorari, Mandamus, Prohibition, Termination of Employment, Right to Be Heard
Source Language
English
Administrative Law Employment Law Judicial Review Certiorari Mandamus Prohibition Termination of Employment Right to Be Heard

Case Brief

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Parties

Edwin Emmanuel Mukulasi

Applicant

Police Force Immigration and Prison Service Commission

1st Respondent

Permanent Secretary, Ministry of Home Affairs

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Application for Leave for Judicial Review / Ruling on Application for Leave

Legal Issues

  1. 1 Whether the applicant has established a prima facie or arguable case for judicial review
  2. 2 Whether the applicant has sufficient interest in the matter
  3. 3 Whether the application for leave was made promptly

Ratio Decidendi

The applicant established an arguable case for judicial review, demonstrated sufficient interest, acted promptly, and showed no alternative remedy was available; therefore, leave to apply for judicial review is granted.

Court Disposition

leave granted

Orders

  • Leave is granted to the applicant to apply for judicial review.
  • No order as to costs.