julius philibert shadrack vs the board of pamba secondary school othrers 2022 tzca 274 12 may 2022

julius philibert shadrack vs the board of pamba secondary school othrers 2022 tzca 274 12 may 2022

The appeal was incompetent as it was lodged without the requisite leave of the High Court or Court of Appeal under section 5(1)(c) of the Appellate Jurisdiction Act, and there was no evidence on record that such leave was granted.

Citation
julius philibert shadrack vs the board of pamba secondary school othrers 2022 tzca 274 12 may 2022
Parties
Appellant: Julius Philibert Shadrack; 1st Respondent: The Board of Pamba Secondary School; 2nd Respondent: The Permanent Secretary, Ministry of Education; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 May 2022
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Leave to Appeal, Judicial Review, Extension of Time, Prerogative Orders, Appellate Jurisdiction
Source Language
English
Civil Procedure Administrative Law Education Law Leave to Appeal Judicial Review Extension of Time Prerogative Orders Appellate Jurisdiction

Case Brief

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Parties

Julius Philibert Shadrack

Appellant

The Board of Pamba Secondary School

1st Respondent

The Permanent Secretary, Ministry of Education

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is competent without leave of the High Court or Court of Appeal under section 5(1)(c) of the Appellate Jurisdiction Act
  2. 2 Whether the appellant was granted leave to appeal

Ratio Decidendi

The appeal was incompetent as it was lodged without the requisite leave of the High Court or Court of Appeal under section 5(1)(c) of the Appellate Jurisdiction Act, and there was no evidence on record that such leave was granted.

Court Disposition

appeal struck out with costs

Orders

  • The appeal is struck out for want of leave.
  • Costs awarded to the respondents.