ex wdr arcado simon rugohe vs the commissioner general of prisons and another 2023 tzhc 22859 23 november 2023

ex wdr arcado simon rugohe vs the commissioner general of prisons and another 2023 tzhc 22859 23 november 2023

The application is premature as the applicant failed to exhaust available remedies; the court cannot ascertain time bar without the documentary decision, but the applicant did not demonstrate he pursued the proper internal appeal regarding the refusal to supply the decision.

Citation
ex wdr arcado simon rugohe vs the commissioner general of prisons and another 2023 tzhc 22859 23 november 2023
Parties
Applicant: Ex-WDR Arcado Simon Rugohe; 1st Respondent: The Commissioner General of Prisons; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 November 2023
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome
Application struck out for being premature
Legal Topics
Judicial Review, Mandamus, Exhaustion of Remedies, Limitation Periods
Source Language
English
Administrative Law Employment Law Judicial Review Mandamus Exhaustion of Remedies Limitation Periods

Case Brief

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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Ex-WDR Arcado Simon Rugohe

Applicant

The Commissioner General of Prisons

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is time barred under rule 6 of GN No. 324 of 2014
  2. 2 Whether the applicant failed to exhaust available remedies before approaching the court

Ratio Decidendi

The application is premature as the applicant failed to exhaust available remedies; the court cannot ascertain time bar without the documentary decision, but the applicant did not demonstrate he pursued the proper internal appeal regarding the refusal to supply the decision.

Court Disposition

Application struck out for being premature

Orders

  • No order as to costs