isaya joseph chawinga vs commissioner general of immigration services and another 2021 tzhc 2068 9 february 2021

isaya joseph chawinga vs commissioner general of immigration services and another 2021 tzhc 2068 9 february 2021

The issue of time limitation requires factual determination regarding when the applicant was served with the termination letter, and cannot be decided at the preliminary stage. The applicant has demonstrated an arguable case and sufficient interest to warrant leave to apply for prerogative orders.

Citation
isaya joseph chawinga vs commissioner general of immigration services and another 2021 tzhc 2068 9 february 2021
Parties
Applicant: Isaya Joseph Chawinga; 1st Respondent: Commissioner General of Immigration Services; 2nd Respondent: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 February 2021
Procedural Posture
Application for Leave to Apply for Orders of Mandamus and Certiorari / Ruling on Application for Leave
Outcome
Leave to apply for prerogative orders granted
Legal Topics
Judicial Review, Mandamus, Certiorari, Time Limitation, Right to Be Heard, Termination of Employment
Source Language
English
Administrative Law Employment Law Judicial Review Mandamus Certiorari Time Limitation Right to Be Heard Termination of Employment

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Parties

Isaya Joseph Chawinga

Applicant

Commissioner General of Immigration Services

1st Respondent

Hon. Attorney General

2nd Respondent

Procedural Posture

Application for Leave to Apply for Orders of Mandamus and Certiorari / Ruling on Application for Leave

Legal Issues

  1. 1 Whether the application for leave to apply for prerogative orders is time-barred
  2. 2 Whether the applicant was accorded fair opportunity to be heard
  3. 3 Whether there is an arguable case warranting leave for judicial review

Ratio Decidendi

The issue of time limitation requires factual determination regarding when the applicant was served with the termination letter, and cannot be decided at the preliminary stage. The applicant has demonstrated an arguable case and sufficient interest to warrant leave to apply for prerogative orders.

Court Disposition

Leave to apply for prerogative orders granted

Orders

  • Leave to apply for orders of mandamus and certiorari granted
  • Each party to bear its own costs