goodluck mandes vs university of dodoma and others 2021 tzhc 5555 2 august 2021

goodluck mandes vs university of dodoma and others 2021 tzhc 5555 2 august 2021

The applicant failed to establish that the University of Dodoma Senate acted outside its mandate or breached procedural fairness. The discontinuation was an automatic result of the applicant's GPA falling below the required minimum, as per the university regulations. There was no evidence of denial of the right to be heard or failure to provide reasons, and the relevant regulations were properly applied. The application for certiorari and mandamus was therefore without merit.

Citation
goodluck mandes vs university of dodoma and others 2021 tzhc 5555 2 august 2021
Parties
Applicant: Goodluck Mandes; 1st Respondent: The University of Dodoma; 2nd Respondent: The Chairman of the Senate of the University of Dodoma; 3rd Respondent: The Deputy Vice Chancellor Academic Research and Consultancy; 4th Respondent: The Principal of College of Earth Sciences Engineering, The University of Dodoma; 5th Respondent: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 August 2021
Procedural Posture
Miscellaneous Civil Cause (judicial Review) / Ruling on Application for Certiorari and Mandamus
Outcome
Application dismissed with costs.
Legal Topics
Certiorari, Mandamus, Natural Justice, University Regulations, Procedural Fairness
Source Language
English
Administrative Law Education Law Judicial Review Certiorari Mandamus Natural Justice University Regulations Procedural Fairness

Case Brief

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Parties

Goodluck Mandes

Applicant

The University of Dodoma

1st Respondent

The Chairman of the Senate of the University of Dodoma

2nd Respondent

The Deputy Vice Chancellor Academic Research and Consultancy

3rd Respondent

The Principal of College of Earth Sciences Engineering, The University of Dodoma

4th Respondent

Hon. Attorney General

5th Respondent

Procedural Posture

Miscellaneous Civil Cause (judicial Review) / Ruling on Application for Certiorari and Mandamus

Legal Issues

  1. 1 Whether the University of Dodoma Senate breached its regulations in discontinuing the applicant
  2. 2 Whether the applicant was denied the right to be heard or reasons for the decision
  3. 3 Whether the decision to discontinue the applicant was ultra vires or procedurally unfair

Ratio Decidendi

The applicant failed to establish that the University of Dodoma Senate acted outside its mandate or breached procedural fairness. The discontinuation was an automatic result of the applicant's GPA falling below the required minimum, as per the university regulations. There was no evidence of denial of the right to be heard or failure to provide reasons, and the relevant regulations were properly applied. The application for certiorari and mandamus was therefore without merit.

Court Disposition

Application dismissed with costs.

Orders

  • Application for orders of certiorari and mandamus dismissed.
  • Applicant to pay costs.