elias augustine vs the chief secretary others 2023 tzca 17708 19 june 2023

elias augustine vs the chief secretary others 2023 tzca 17708 19 june 2023

The existence of a point of law of sufficient importance, specifically the alleged denial of the right to be heard and violation of natural justice, constitutes sufficient ground to grant extension of time to appeal, even if the applicant did not account for all the delay.

Citation
elias augustine vs the chief secretary others 2023 tzca 17708 19 june 2023
Parties
Applicant: Elias Augustine; 1st Respondent: The Chief Secretary; 2nd Respondent: The Public Service Commission; 3rd Respondent: The Shinyanga Municipal Council; 4th Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 June 2023
Procedural Posture
Civil Application / Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Right to Be Heard, Natural Justice, Employment Termination
Source Language
English
Labour Law Civil Procedure Extension of Time Illegality as Ground for Extension Right to Be Heard Natural Justice Employment Termination

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Parties

Elias Augustine

Applicant

The Chief Secretary

1st Respondent

The Public Service Commission

2nd Respondent

The Shinyanga Municipal Council

3rd Respondent

The Hon. Attorney General

4th Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal
  2. 2 Whether alleged illegality in the High Court decision constitutes sufficient ground for extension of time

Ratio Decidendi

The existence of a point of law of sufficient importance, specifically the alleged denial of the right to be heard and violation of natural justice, constitutes sufficient ground to grant extension of time to appeal, even if the applicant did not account for all the delay.

Court Disposition

Application granted

Orders

  • Applicant to lodge the intended appeal within 60 days of delivery of this ruling
  • No order as to costs