RULING CHAMSHAMA LEAVE NEW

RULING CHAMSHAMA LEAVE NEW

The application meets all the criteria for grant of leave to apply for judicial review, as the applicant has an arguable case, acted promptly upon receipt of documents, and there is no reason to withhold leave.

Source-derived case information.

Citation
RULING CHAMSHAMA LEAVE NEW
Parties
Applicant: Hassan Hemed Chamshama; 1st Respondent: Chairperson of Oversight Committee (Chief Secretary); 2nd Respondent: Prevention and Combating of Corruption Bureau (PCCB); 3rd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2003
Procedural Posture
Miscellaneous Civil Cause (application for Leave for Judicial Review) / Ruling on Application for Leave to Apply for Judicial Review
Outcome
Application for leave granted
Legal Topics
Judicial Review, Natural Justice, Employment Termination, Leave to Apply for Judicial Review
Source Language
english
Administrative Law Employment Law Judicial Review Natural Justice Employment Termination Leave to Apply for Judicial Review

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Parties

Hassan Hemed Chamshama

Applicant

Chairperson of Oversight Committee (Chief Secretary)

1st Respondent

Prevention and Combating of Corruption Bureau (PCCB)

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause (application for Leave for Judicial Review) / Ruling on Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the applicant meets the criteria for leave to apply for judicial review against the decisions of the respondents
  2. 2 Whether the applicant was denied a fair opportunity to appeal due to delay in provision of documents
  3. 3 Whether the respondents acted contrary to law and principles of natural justice

Ratio Decidendi

The application meets all the criteria for grant of leave to apply for judicial review, as the applicant has an arguable case, acted promptly upon receipt of documents, and there is no reason to withhold leave.

Court Disposition

Application for leave granted

Orders

  • Applicant granted leave to file application for judicial review within 14 days from the date of the ruling
  • Right of appeal explained to the parties