felister philipo kadege vs the commisioner general of tanzania immigration service department others 2023 tzhc 23159 20 november 2023

felister philipo kadege vs the commisioner general of tanzania immigration service department others 2023 tzhc 23159 20 november 2023

The applicant established sufficient cause for extension of time based on apparent illegalities in the disciplinary process, including lack of jurisdiction and denial of right to be heard, which are grounds for extension even if not every day of delay was accounted for.

Citation
felister philipo kadege vs the commisioner general of tanzania immigration service department others 2023 tzhc 23159 20 november 2023
Parties
Applicant: Felister Philipo Kadege; 1st Respondent: The Commissioner General of Tanzania Immigration Service Department; 2nd Respondent: The Permanent Secretary, Ministry of Home Affairs; 3rd Respondent: The Police Force, Prison, Fire and Rescue Force and Immigration Department; 4th Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 November 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Apply for Leave for Judicial Review
Outcome
Application granted
Legal Topics
Extension of Time, Judicial Review, Employment Termination, Illegality as Ground for Extension, Right to Be Heard
Source Language
English
Administrative Law Employment Law Civil Procedure Extension of Time Judicial Review Employment Termination Illegality as Ground for Extension Right to Be Heard

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Parties

Felister Philipo Kadege

Applicant

The Commissioner General of Tanzania Immigration Service Department

1st Respondent

The Permanent Secretary, Ministry of Home Affairs

2nd Respondent

The Police Force, Prison, Fire and Rescue Force and Immigration Department

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Apply for Leave for Judicial Review

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for leave for judicial review
  2. 2 Whether illegality in the disciplinary process constitutes sufficient ground for extension of time

Ratio Decidendi

The applicant established sufficient cause for extension of time based on apparent illegalities in the disciplinary process, including lack of jurisdiction and denial of right to be heard, which are grounds for extension even if not every day of delay was accounted for.

Court Disposition

Application granted

Orders

  • Applicant to lodge application for leave to apply for judicial review within thirty days from the date of ruling
  • Each party to bear its own costs