omary shaaban nyambu vs permanent secretary ministry of defence and others 2020 tzhc 354 31 march 2020

omary shaaban nyambu vs permanent secretary ministry of defence and others 2020 tzhc 354 31 march 2020

The application for leave to appeal was granted because the remaining paragraphs of the applicant's affidavit, after expunging paragraphs 14 and 16, raised prima facie and contentious questions of law and fact relating to constitutional interpretation and alleged infringement of rights, warranting the intervention of the Court of Appeal.

Citation
omary shaaban nyambu vs permanent secretary ministry of defence and others 2020 tzhc 354 31 march 2020
Parties
Applicant: Omary Shaaban Nyambu; 1st Respondent: Permanent Secretary, Ministry of Defence; 2nd Respondent: Chief of the Defence Force; 3rd Respondent: Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal to the Court of Appeal
Outcome
Application granted
Legal Topics
Leave to Appeal, Constitutional Petition, Access to Justice, Access to Information, Limitation Periods, Judicial Review
Source Language
English
Constitutional Law Civil Procedure Leave to Appeal Constitutional Petition Access to Justice Access to Information Limitation Periods Judicial Review

Case Brief

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Parties

Omary Shaaban Nyambu

Applicant

Permanent Secretary, Ministry of Defence

1st Respondent

Chief of the Defence Force

2nd Respondent

Honourable Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the application discloses prima facie contentious questions of law warranting leave to appeal to the Court of Appeal
  2. 2 Whether the applicant's affidavit supports the application for leave after expunging certain paragraphs
  3. 3 Whether the issues raised relate to constitutional interpretation and infringement of basic rights

Ratio Decidendi

The application for leave to appeal was granted because the remaining paragraphs of the applicant's affidavit, after expunging paragraphs 14 and 16, raised prima facie and contentious questions of law and fact relating to constitutional interpretation and alleged infringement of rights, warranting the intervention of the Court of Appeal.

Court Disposition

Application granted

Orders

  • Leave to appeal to the Court of Appeal is granted.
  • Costs in the cause.