mselle vs attorney general others 2000 tzhc 6 11 july 200

mselle vs attorney general others 2000 tzhc 6 11 july 200

The Minister's failure to consider the applicant's right to be heard renders the decision challengeable by judicial review; the application is not trivial or frivolous.

Source-derived case information.

Citation
mselle vs attorney general others 2000 tzhc 6 11 july 200
Parties
Applicant: Felix Mselle; Respondent: The Attorney General; Respondent: Minister for Labour Matters; Respondent: Trust Bank (T) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2000
Procedural Posture
Miscellaneous Civil Cause / Application for Leave for Judicial Review
Outcome
Leave granted
Legal Topics
Unlawful Termination, Right to Be Heard, Judicial Review
Source Language
english
Labour Law Administrative Law Unlawful Termination Right to Be Heard Judicial Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Felix Mselle

Applicant

The Attorney General

Respondent

Minister for Labour Matters

Respondent

Trust Bank (T) Limited

Respondent

Procedural Posture

Miscellaneous Civil Cause / Application for Leave for Judicial Review

Legal Issues

  1. 1 Whether the applicant's termination was unlawful due to lack of right to be heard
  2. 2 Whether the Minister's decision setting aside the Conciliation Board's order is challengeable by judicial review

Ratio Decidendi

The Minister's failure to consider the applicant's right to be heard renders the decision challengeable by judicial review; the application is not trivial or frivolous.

Court Disposition

Leave granted

Orders

  • Leave for judicial review is granted
  • No order as to costs