20120515 TZHC Mwanza
The application was filed almost three years after the impugned decision, far outside the six-month limitation period prescribed by law, and no sufficient reason for the delay was provided. The application is therefore time barred.
- Citation
- 20120515 TZHC Mwanza
- Parties
- Applicant: Khamis B. Mumwi; Respondent: The Attorney General; Respondent: The President; Respondent: The Public Service Commission
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 May 2012
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Application dismissed as time barred.
- Legal Topics
- Certiorari, Mandamus, Limitation Periods, Dismissal From Employment, Prerogative Orders
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Khamis B. Mumwi
Applicant
The Attorney General
Respondent
The President
Respondent
The Public Service Commission
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for prerogative orders is time barred under Section 19(2) and (3) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, Cap. 310
Ratio Decidendi
The application was filed almost three years after the impugned decision, far outside the six-month limitation period prescribed by law, and no sufficient reason for the delay was provided. The application is therefore time barred.
Court Disposition
Application dismissed as time barred.
Orders
- Application dismissed without costs.
Full Case Text
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