Iddi Haruni vs The Permanent Secretary Presidents Office Public Service Management and 3 Others

Iddi Haruni vs The Permanent Secretary Presidents Office Public Service Management and 3 Others

The application was filed within the prescribed time as the electronic filing was completed on 24th May 2023 and court fees were paid on 26th May 2023, both within the 14-day limit. The first preliminary objection on time bar is overruled. The second objection regarding exhaustion of remedies is reserved for determination with the main application.

Citation
Iddi Haruni vs The Permanent Secretary Presidents Office Public Service Management and 3 Others
Parties
Applicant: Iddi Haruni; 1st Respondent: The Permanent Secretary President's Office Public Service Management and Good Governance; 2nd Respondent: Mzumbe University; 3rd Respondent: Tanzania Forest Research Institute; 4th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 March 2022
Procedural Posture
Judicial Review Application / Ruling on Preliminary Objection
Outcome
First preliminary objection overruled; second preliminary objection reserved for main application; no order as to costs.
Legal Topics
Judicial Review, Time Limitation, Exhaustion of Remedies, Public Service Transfers
Source Language
English
Administrative Law Labour Law Public Service Law Judicial Review Time Limitation Exhaustion of Remedies Public Service Transfers

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Parties

Iddi Haruni

Applicant

The Permanent Secretary President's Office Public Service Management and Good Governance

1st Respondent

Mzumbe University

2nd Respondent

Tanzania Forest Research Institute

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Judicial Review Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for judicial review is time-barred under rule 8 of GN 324 of 2014
  2. 2 Whether the application is premature for failure to exhaust remedies under section 32A of the Public Service Act

Ratio Decidendi

The application was filed within the prescribed time as the electronic filing was completed on 24th May 2023 and court fees were paid on 26th May 2023, both within the 14-day limit. The first preliminary objection on time bar is overruled. The second objection regarding exhaustion of remedies is reserved for determination with the main application.

Court Disposition

First preliminary objection overruled; second preliminary objection reserved for main application; no order as to costs.