komanya erick kitwala vs the permanent secretary public service management good governance 2 others 2023 tzhc 17356 23 may 2023

komanya erick kitwala vs the permanent secretary public service management good governance 2 others 2023 tzhc 17356 23 may 2023

The applicant has no cause of action against the 3rd respondent as no act or omission is alleged and declaratory relief is not available in judicial review; however, the applicant has established a prima facie case for leave to apply for judicial review against the 1st and 2nd respondents based on alleged denial of hearing and possible ultra vires action by the President.

Citation
komanya erick kitwala vs the permanent secretary public service management good governance 2 others 2023 tzhc 17356 23 may 2023
Parties
Applicant: Komanya Erick Kitwala; 1st Respondent: Permanent Secretary, Public Service Management and Good Governance; 2nd Respondent: Attorney General; 3rd Respondent: Board of Trustees of the Public Service Social Security Fund
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 May 2023
Procedural Posture
Application for Leave to Apply for Prerogative Orders (certiorari and Mandamus) / Ruling on Preliminary Objection and Application for Leave
Outcome
Leave to apply for judicial review granted against 1st and 2nd respondents; 3rd respondent discharged for lack of cause of action.
Legal Topics
Prerogative Orders, Certiorari, Mandamus, Declaratory Relief, Cause of Action, Public Service, Ultra Vires, Natural Justice
Source Language
English
Administrative Law Employment Law Judicial Review Prerogative Orders Certiorari Mandamus Declaratory Relief Cause of Action +3 more

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Parties

Komanya Erick Kitwala

Applicant

Permanent Secretary, Public Service Management and Good Governance

1st Respondent

Attorney General

2nd Respondent

Board of Trustees of the Public Service Social Security Fund

3rd Respondent

Procedural Posture

Application for Leave to Apply for Prerogative Orders (certiorari and Mandamus) / Ruling on Preliminary Objection and Application for Leave

Legal Issues

  1. 1 Whether the applicant has a cause of action against the 3rd respondent
  2. 2 Whether declaratory relief is available in judicial review
  3. 3 Whether the applicant has established a prima facie case for leave to apply for judicial review

Ratio Decidendi

The applicant has no cause of action against the 3rd respondent as no act or omission is alleged and declaratory relief is not available in judicial review; however, the applicant has established a prima facie case for leave to apply for judicial review against the 1st and 2nd respondents based on alleged denial of hearing and possible ultra vires action by the President.

Court Disposition

Leave to apply for judicial review granted against 1st and 2nd respondents; 3rd respondent discharged for lack of cause of action.

Orders

  • Applicant to file main application for judicial review within 14 days from the date of the ruling.
  • Costs to follow the event.