exaud abraham tuni vs national institute of transport and another 2020 tzhc 4129 30 november 2020

The applicant was not sufficiently notified of the charges prior to the disciplinary hearing, violating the rules of natural justice; therefore, the discontinuation decision must be quashed. Mandamus cannot compel the award of a diploma without proof of academic qualification.

Citation: exaud abraham tuni vs national institute of transport and another 2020 tzhc 4129 30 november 2020
Parties: Applicant: Exaud Abraham Tuni; 1st Respondent: The National Institute of Transport; 2nd Respondent: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 November 2020
Procedural Posture: Miscellaneous Civil Cause (judicial Review) / Final Ruling
Outcome: Application partly allowed
Legal Topics: Judicial Review, Natural Justice, Certiorari, Mandamus, Academic Discipline
Source Language: English

Administrative Law Education Law Judicial Review Natural Justice Certiorari Mandamus Academic Discipline

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 11 Party arguments 2

Parties

Exaud Abraham Tuni

Applicant

The National Institute of Transport

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause (judicial Review) / Final Ruling

Legal Issues

1 Whether the applicant was afforded the right to be heard before discontinuation from studies
2 Whether the applicant was notified of the charges against him
3 Whether the applicant had a right to appeal the decision

Ratio Decidendi

Court Disposition

Application partly allowed

Orders

Decision of the 1st Respondent Examination Board dated 19/12/2018 discontinuing the applicant from studies is quashed and set aside.
No order compelling award of diploma.