Ruling Mhando Final

Ruling Mhando Final

The court held that the applicant was not afforded the right to be heard in the disciplinary proceedings, which is a manifest illegality apparent on the face of the record. This illegality alone constitutes sufficient cause to grant an extension of time, regardless of other factors. The court found that the right to be heard is fundamental and its violation cannot be cured by procedural compliance alone.

Citation
Ruling Mhando Final
Parties
Applicant: Mhando Bakari Mhando; 1st Respondent: The Office of Attorney General; 2nd Respondent: Chief Secretary
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2011
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Extension of Time to Apply for Leave for Judicial Review
Outcome
Application granted
Legal Topics
Extension of Time, Judicial Review, Right to Be Heard, Illegality as Ground for Extension, Technical Delay
Source Language
English
Administrative Law Labour Law Civil Procedure Extension of Time Judicial Review Right to Be Heard Illegality as Ground for Extension Technical Delay

Case Brief

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Parties

Mhando Bakari Mhando

Applicant

The Office of Attorney General

1st Respondent

Chief Secretary

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Extension of Time to Apply for Leave for Judicial Review

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for leave for judicial review
  2. 2 Whether illegality and/or technical delay constitute sufficient grounds for extension of time

Ratio Decidendi

The court held that the applicant was not afforded the right to be heard in the disciplinary proceedings, which is a manifest illegality apparent on the face of the record. This illegality alone constitutes sufficient cause to grant an extension of time, regardless of other factors. The court found that the right to be heard is fundamental and its violation cannot be cured by procedural compliance alone.

Court Disposition

Application granted

Orders

  • Extension of time to apply for leave for judicial review is granted to the applicant.