elias kahimba tibendelana vs insepctor general police another 2023 tzca 17647 25 september 2023

elias kahimba tibendelana vs insepctor general police another 2023 tzca 17647 25 september 2023

The applicant properly raised an allegation of illegality regarding the dismissal order, which was apparent on the face of the record and constitutes sufficient cause for extension of time; denial of extension was unjustified.

Citation
elias kahimba tibendelana vs insepctor general police another 2023 tzca 17647 25 september 2023
Parties
Applicant: Elias Kahimba Tibenderana; 1st Respondent: Inspector General of Police; 2nd Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 September 2023
Procedural Posture
Civil Reference / Ruling on Reference Against Single Justice's Refusal to Extend Time
Outcome
Application granted; order of single Justice reversed.
Legal Topics
Extension of Time, Review of Appellate Decisions, Illegality as Ground for Extension, Judicial Discretion
Source Language
English
Civil Procedure Constitutional Law Extension of Time Review of Appellate Decisions Illegality as Ground for Extension Judicial Discretion

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Parties

Elias Kahimba Tibenderana

Applicant

Inspector General of Police

1st Respondent

The Hon. Attorney General

2nd Respondent

Procedural Posture

Civil Reference / Ruling on Reference Against Single Justice's Refusal to Extend Time

Legal Issues

  1. 1 Whether the applicant was unjustly denied extension of time to apply for review
  2. 2 Whether allegation of illegality constitutes sufficient cause for extension of time

Ratio Decidendi

The applicant properly raised an allegation of illegality regarding the dismissal order, which was apparent on the face of the record and constitutes sufficient cause for extension of time; denial of extension was unjustified.

Court Disposition

Application granted; order of single Justice reversed.

Orders

  • Applicant granted extension of time to lodge application for review within sixty (60) days of ruling.