goodluck mandes vs university of dodoma and others 2021 tzhc 2746 8 april 2021

goodluck mandes vs university of dodoma and others 2021 tzhc 2746 8 april 2021

The applicant established an arguable case that the respondents' failure to provide reasons for disapproving his appeal may have violated the rules of natural justice, warranting leave to apply for judicial review.

Citation
goodluck mandes vs university of dodoma and others 2021 tzhc 2746 8 april 2021
Parties
Applicant: Goodluck Mandes; 1st Respondent: The University of Dodoma; 2nd Respondent: The Chairman of 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 and Engineering, The University of Dodoma; 5th Respondent: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 April 2021
Procedural Posture
Judicial Review (application for Leave) / Ruling on Application for Leave to Apply for Certiorari and Mandamus
Outcome
Leave granted
Legal Topics
Judicial Review, Natural Justice, University Examination Appeals, Leave to Apply for Prerogative Orders
Source Language
English
Administrative Law Education Law Judicial Review Natural Justice University Examination Appeals Leave to Apply for Prerogative Orders

Case Brief

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Parties

Goodluck Mandes

Applicant

The University of Dodoma

1st Respondent

The Chairman of 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 and Engineering, The University of Dodoma

4th Respondent

The Hon. Attorney General

5th Respondent

Procedural Posture

Judicial Review (application for Leave) / Ruling on Application for Leave to Apply for Certiorari and Mandamus

Legal Issues

  1. 1 Whether the applicant has established an arguable case for leave to apply for orders of certiorari and mandamus against the respondents' decision to disapprove his appeal without reasons
  2. 2 Whether the respondents' failure to provide reasons for the decision violated rules of natural justice

Ratio Decidendi

The applicant established an arguable case that the respondents' failure to provide reasons for disapproving his appeal may have violated the rules of natural justice, warranting leave to apply for judicial review.

Court Disposition

Leave granted

Orders

  • Leave to apply for prerogative orders of certiorari and mandamus is granted.
  • Each party to bear its own costs.