hamis babu bally vs the judicial officers ethics committe and others 2020 tzhc 357 3 march 2020

hamis babu bally vs the judicial officers ethics committe and others 2020 tzhc 357 3 march 2020

The existence of contentious issues regarding the interpretation and application of the law on leave for judicial review, and whether the court exercised its discretion properly, constitute prima facie grounds meriting an appeal to the Court of Appeal; thus, leave to appeal is granted.

Citation
hamis babu bally vs the judicial officers ethics committe and others 2020 tzhc 357 3 march 2020
Parties
Applicant: Hamis Babu Bally; 1st Respondent: The Judicial Officers Ethics Committee; 2nd Respondent: The Chief Court Administrator; 3rd Respondent: The Judicial Service Commission; 4th Respondent: Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 March 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal to the Court of Appeal
Outcome
Application for leave to appeal granted with costs.
Legal Topics
Leave to Appeal, Prerogative Orders, Right to Fair Hearing, Bias and Discrimination, Ultra Vires, Illegality
Source Language
English
Administrative Law Employment Law Judicial Review Leave to Appeal Prerogative Orders Right to Fair Hearing Bias and Discrimination Ultra Vires +1 more

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Parties

Hamis Babu Bally

Applicant

The Judicial Officers Ethics Committee

1st Respondent

The Chief Court Administrator

2nd Respondent

The Judicial Service Commission

3rd Respondent

Honourable Attorney General

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the court properly interpreted the law governing applications for leave to apply for prerogative orders
  2. 2 Whether the court erred by ruling on the merits of contentious facts and evidence at the leave stage
  3. 3 Whether the court failed to exercise its discretion judicially in refusing leave for judicial review

Ratio Decidendi

The existence of contentious issues regarding the interpretation and application of the law on leave for judicial review, and whether the court exercised its discretion properly, constitute prima facie grounds meriting an appeal to the Court of Appeal; thus, leave to appeal is granted.

Court Disposition

Application for leave to appeal granted with costs.

Orders

  • Leave to appeal to the Court of Appeal is granted.
  • Costs awarded to the applicant.