minnah saibull vs prevention and combating of corruption bureau 2023 tzhcld 1445 6 september 2023

minnah saibull vs prevention and combating of corruption bureau 2023 tzhcld 1445 6 september 2023

Where an application for leave to apply for judicial review is filed outside the prescribed six-month period and no extension of time is sought, the application must be dismissed under Section 3(1) of the Law of Limitation Act, regardless of arguments based on the right to be heard or procedural justice.

Citation
minnah saibull vs prevention and combating of corruption bureau 2023 tzhcld 1445 6 september 2023
Parties
Applicant: Minnah Saibull; 1st Respondent: Prevention and Combating of Corruption Bureau; 2nd Respondent: The Honourable Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 September 2023
Procedural Posture
Miscellaneous Application (labour) / Ruling on Preliminary Objection
Outcome
Application dismissed for being time barred.
Legal Topics
Limitation of Actions, Judicial Review, Dismissal for Time Barred Applications, Right to Be Heard, Remedies for Procedural Defects
Source Language
English
Labour Law Administrative Law Civil Procedure Limitation of Actions Judicial Review Dismissal for Time Barred Applications Right to Be Heard Remedies for Procedural Defects

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Parties

Minnah Saibull

Applicant

Prevention and Combating of Corruption Bureau

1st Respondent

The Honourable Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Application (labour) / Ruling on Preliminary Objection

Legal Issues

  1. 1 What is the proper remedy for a time-barred application for leave to apply for judicial review: dismissal or striking out?
  2. 2 Does the right to be heard or alleged procedural irregularities justify entertaining a time-barred application?

Ratio Decidendi

Where an application for leave to apply for judicial review is filed outside the prescribed six-month period and no extension of time is sought, the application must be dismissed under Section 3(1) of the Law of Limitation Act, regardless of arguments based on the right to be heard or procedural justice.

Court Disposition

Application dismissed for being time barred.

Orders

  • Application dismissed for being filed out of time.
  • No order as to costs.