kevin peter makaranga vs the police force immigration and prison service commission and others 2021 tzhc 2067 9 february 2021

kevin peter makaranga vs the police force immigration and prison service commission and others 2021 tzhc 2067 9 february 2021

The preliminary objection on time limitation is overruled as the application emanates from the letter dated 14/04/2020 determining the appeal; the applicant has demonstrated an arguable case for leave to apply for prerogative orders based on alleged lack of jurisdiction and violation of natural justice.

Citation
kevin peter makaranga vs the police force immigration and prison service commission and others 2021 tzhc 2067 9 february 2021
Parties
Applicant: Kevin Peter Makaranga; 1st Respondent: Police Force, Immigration and Prison Service Commission; 2nd Respondent: Permanent Secretary, Ministry of Home Affairs; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 February 2021
Procedural Posture
Application for Leave for Judicial Review / Ruling on Leave and Preliminary Objection
Outcome
leave granted
Legal Topics
Judicial Review, Certiorari, Mandamus, Natural Justice, Jurisdiction, Time Limitation
Source Language
English
Administrative Law Employment Law Judicial Review Certiorari Mandamus Natural Justice Jurisdiction Time Limitation

Case Brief

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Parties

Kevin Peter Makaranga

Applicant

Police Force, Immigration and Prison Service Commission

1st Respondent

Permanent Secretary, Ministry of Home Affairs

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Application for Leave for Judicial Review / Ruling on Leave and Preliminary Objection

Legal Issues

  1. 1 Whether the application for leave for prerogative orders is time-barred
  2. 2 Whether the applicant has an arguable case for leave to apply for certiorari and mandamus
  3. 3 Whether the 1st respondent had jurisdiction to terminate the applicant's employment

Ratio Decidendi

The preliminary objection on time limitation is overruled as the application emanates from the letter dated 14/04/2020 determining the appeal; the applicant has demonstrated an arguable case for leave to apply for prerogative orders based on alleged lack of jurisdiction and violation of natural justice.

Court Disposition

leave granted

Orders

  • Leave to file an application for prerogative orders (certiorari and mandamus) is granted.
  • Each party to bear its own costs.