haridi ndando vs attorney another 2010 tzhc 6 30 august 2010

haridi ndando vs attorney another 2010 tzhc 6 30 august 2010

The application for leave was filed outside the six-month limitation period prescribed by law, and there was no credible evidence to support the applicant's claimed date of receipt of the dismissal letter. Therefore, the application is time-barred and must be dismissed with costs.

Citation
haridi ndando vs attorney another 2010 tzhc 6 30 august 2010
Parties
Applicant: Haridi Ndando; 1st Respondent: The Attorney General; 2nd Respondent: The Principal Commissioner of Prisons
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2010
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Limitation
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Limitation of Actions, Natural Justice, Dismissal From Employment
Source Language
English
Administrative Law Employment Law Civil Procedure Judicial Review Limitation of Actions Natural Justice Dismissal From Employment

Case Brief

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Parties

Haridi Ndando

Applicant

The Attorney General

1st Respondent

The Principal Commissioner of Prisons

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Limitation

Legal Issues

  1. 1 Whether the application for leave to apply for prerogative orders is time-barred under section 19(3) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, Cap. 310
  2. 2 Whether the applicant received the letter rejecting his appeal within the period claimed
  3. 3 What is the appropriate consequence for filing an application out of time

Ratio Decidendi

The application for leave was filed outside the six-month limitation period prescribed by law, and there was no credible evidence to support the applicant's claimed date of receipt of the dismissal letter. Therefore, the application is time-barred and must be dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed as time-barred
  • Applicant to pay costs