elizabeth ndambala vs police force immigration and prison service commission and others 2020 tzhc 4033 30 november 2020

elizabeth ndambala vs police force immigration and prison service commission and others 2020 tzhc 4033 30 november 2020

The applicant's termination was tainted by excess of jurisdiction by the first respondent and violation of principles of natural justice, specifically improper use of documentary evidence without access or opportunity to object, and failure to follow disciplinary procedures. The impugned decisions are quashed and...

Source-derived case information.

Citation
elizabeth ndambala vs police force immigration and prison service commission and others 2020 tzhc 4033 30 november 2020
Parties
Applicant: Elizabeth Ndambala; 1st Respondent: The Police Force Immigration and Prison Service Commission; 2nd Respondent: The Permanent Secretary Ministry of Home Affairs; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 2020
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Prerogative Orders (certiorari and Mandamus)
Outcome
Application granted
Legal Topics
Certiorari, Mandamus, Natural Justice, Jurisdiction, Police Disciplinary Proceedings
Source Language
english
Administrative Law Employment Law Judicial Review Certiorari Mandamus Natural Justice Jurisdiction Police Disciplinary Proceedings

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Summary, issues, holding and outcome

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Parties

Elizabeth Ndambala

Applicant

The Police Force Immigration and Prison Service Commission

1st Respondent

The Permanent Secretary Ministry of Home Affairs

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Prerogative Orders (certiorari and Mandamus)

Legal Issues

  1. 1 Whether the first respondent had jurisdiction to terminate the applicant's employment
  2. 2 Whether the proceedings before the military tribunal violated principles of natural justice
  3. 3 Whether documentary evidence was improperly used against the applicant

Ratio Decidendi

The applicant's termination was tainted by excess of jurisdiction by the first respondent and violation of principles of natural justice, specifically improper use of documentary evidence without access or opportunity to object, and failure to follow disciplinary procedures. The impugned decisions are quashed and mandamus issued for reinstatement.

Court Disposition

Application granted

Orders

  • Order of certiorari quashing proceedings, judgment, findings dated 30/07/2018, and letters dated 6/7/2019 and 14/4/2020
  • Order of mandamus compelling the 2nd respondent to reinstate the applicant