ex cpl robert mugisha kasenene vs the commissioner general of prisons and another 2023 tzhc 15971 21 february 2023

ex cpl robert mugisha kasenene vs the commissioner general of prisons and another 2023 tzhc 15971 21 february 2023

The Court refrained from determining whether the applicant proved to have exhausted the remedy and whether the application is time barred, holding that these issues require evidence and cannot be decided at this stage.

Source-derived case information.

Citation
ex cpl robert mugisha kasenene vs the commissioner general of prisons and another 2023 tzhc 15971 21 february 2023
Parties
Applicant: Ex-Cpl Robert Mugisha Kasenene; 1st Respondent: The Commissioner General of Prisons; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 February 2023
Procedural Posture
Judicial Review Leave Application / Ruling on Preliminary Objection and Exhaustion of Remedies
Outcome
No final determination; issues deferred for evidence. Each party to bear its own costs.
Legal Topics
Judicial Review, Time Limitation, Exhaustion of Remedies, Disciplinary Proceedings
Source Language
english
Administrative Law Employment Law Judicial Review Time Limitation Exhaustion of Remedies Disciplinary Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Ex-Cpl Robert Mugisha Kasenene

Applicant

The Commissioner General of Prisons

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Judicial Review Leave Application / Ruling on Preliminary Objection and Exhaustion of Remedies

Legal Issues

  1. 1 Whether the application is time barred under Rule 6 of the Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, 2014
  2. 2 Whether the applicant exhausted alternative remedies under the Prisons Service Regulations

Ratio Decidendi

The Court refrained from determining whether the applicant proved to have exhausted the remedy and whether the application is time barred, holding that these issues require evidence and cannot be decided at this stage.

Court Disposition

No final determination; issues deferred for evidence. Each party to bear its own costs.

Orders

  • Issues of exhaustion of remedies and time limitation to be determined after considering evidence.
  • Each party to bear its own costs.