juma fakhi vs commisioner general of immigration services and 3 others 2022 tzhc 170 18 february 2022

juma fakhi vs commisioner general of immigration services and 3 others 2022 tzhc 170 18 february 2022

The court found that the alleged illegalities in the applicant's termination, specifically denial of right to be heard and procedural irregularities, were apparent on the record and of sufficient importance to constitute good cause for extension of time.

Citation
juma fakhi vs commisioner general of immigration services and 3 others 2022 tzhc 170 18 february 2022
Parties
Applicant: Juma Fakhi; 1st Respondent: Commissioner General of Immigration Services; 2nd Respondent: Regional Immigration Officer of Arusha; 3rd Respondent: Bahati Jonathan Mwaifuge; 4th Respondent: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 February 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Illegality as Ground for Extension, Right to Be Heard, Procedural Fairness
Source Language
English
Administrative Law Employment Law Judicial Review Extension of Time Illegality as Ground for Extension Right to Be Heard Procedural Fairness

Case Brief

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Parties

Juma Fakhi

Applicant

Commissioner General of Immigration Services

1st Respondent

Regional Immigration Officer of Arusha

2nd Respondent

Bahati Jonathan Mwaifuge

3rd Respondent

Hon. Attorney General

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to apply for leave for judicial review and orders of mandamus and certiorari
  2. 2 Whether alleged illegalities in the applicant's termination justify extension of time

Ratio Decidendi

The court found that the alleged illegalities in the applicant's termination, specifically denial of right to be heard and procedural irregularities, were apparent on the record and of sufficient importance to constitute good cause for extension of time.

Court Disposition

Application allowed

Orders

  • Applicant granted fourteen (14) days from the date of delivery of the ruling to lodge the intended application
  • Parties to bear their own costs