RULING LEAVE FOR IBRAHIM HERITH RIBAN VS CS AND PCCB AND AG FINAl NEW

RULING LEAVE FOR IBRAHIM HERITH RIBAN VS CS AND PCCB AND AG FINAl NEW

The applicant has exhausted all available remedies as the PCCB Regulations provide no further appeal beyond the 1st respondent; a prima facie case has been established regarding the legality of the dismissal and the rejection of the appeal as time-barred; and the application is competent without joining the President, as the President is not an established appellate authority under the relevant regulations.

Citation
RULING LEAVE FOR IBRAHIM HERITH RIBAN VS CS AND PCCB AND AG FINAl NEW
Parties
Applicant: Ibrahim Herith Liban; 1st Respondent: Chairperson of the 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 2002
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 to apply for judicial review granted
Legal Topics
Judicial Review, Natural Justice, Employment Dismissal, Exhaustion of Remedies, Limitation of Actions
Source Language
English
Administrative Law Employment Law Judicial Review Natural Justice Employment Dismissal Exhaustion of Remedies Limitation of Actions

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Parties

Ibrahim Herith Liban

Applicant

Chairperson of the 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 exhausted all available remedies before seeking judicial review
  2. 2 Whether a prima facie or arguable case has been established for judicial review
  3. 3 Whether the application is incompetent for not joining the President as a party

Ratio Decidendi

The applicant has exhausted all available remedies as the PCCB Regulations provide no further appeal beyond the 1st respondent; a prima facie case has been established regarding the legality of the dismissal and the rejection of the appeal as time-barred; and the application is competent without joining the President, as the President is not an established appellate authority under the relevant regulations.

Court Disposition

Application for leave to apply for judicial review granted

Orders

  • Leave granted to the applicant to file an application for judicial review within fourteen (14) days as required by Rule 8(1)(b) of the Law Reform (Fatal Accidents and Miscellaneous Amendment) (Judicial Review Procedure and Fees) Rules, 2014.
  • No order as to costs.