isaya joseph chawinga vs commissioner general of immigration services another 2022 tzhc 328 15 february 2022

isaya joseph chawinga vs commissioner general of immigration services another 2022 tzhc 328 15 february 2022

The procedures for termination were followed, including efforts to serve the applicant with notice and charge; his abscondment justified ex-parte proceedings; and he failed to utilize the available remedy of appeal, thus the application for certiorari and mandamus is dismissed.

Citation
isaya joseph chawinga vs commissioner general of immigration services another 2022 tzhc 328 15 february 2022
Parties
Applicant: Isaya Joseph Chawinga; 1st Respondent: The Commissioner General of Immigration Services; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 2022
Procedural Posture
Judicial Review (certiorari and Mandamus) / Ruling on Substantive Application
Outcome
Application dismissed
Legal Topics
Termination of Public Service Employment, Procedural Fairness, Right of Appeal, Ex Parte Proceedings
Source Language
English
Administrative Law Employment Law Judicial Review Termination of Public Service Employment Procedural Fairness Right of Appeal Ex Parte Proceedings

Case Brief

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Parties

Isaya Joseph Chawinga

Applicant

The Commissioner General of Immigration Services

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Judicial Review (certiorari and Mandamus) / Ruling on Substantive Application

Legal Issues

  1. 1 Whether the termination of the applicant's employment was procedurally and legally proper
  2. 2 Whether the applicant was denied the right to be heard
  3. 3 Whether the applicant had an alternative remedy of appeal

Ratio Decidendi

The procedures for termination were followed, including efforts to serve the applicant with notice and charge; his abscondment justified ex-parte proceedings; and he failed to utilize the available remedy of appeal, thus the application for certiorari and mandamus is dismissed.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs