omary shaaban s nyambu vs chief of the defence force and others 2023 tzhc 16988 3 may 2023

omary shaaban s nyambu vs chief of the defence force and others 2023 tzhc 16988 3 may 2023

The Court held that it had jurisdiction to grant extension of time as the Minister's powers under section 44(1) of the Law of Limitation Act are limited and insufficient for the relief sought. The applicant's allegation of illegality in the termination process, specifically denial of the right to be heard, constituted sufficient cause for extension of time.

Citation
omary shaaban s nyambu vs chief of the defence force and others 2023 tzhc 16988 3 may 2023
Parties
Applicant: Omary Shaaban S. Nyambu; 1st Respondent: Chief of the Defence Force; 2nd Respondent: Permanent Secretary Ministry of Defence; 3rd Respondent: Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 May 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Certiorari, Mandamus, Prohibition, Termination of Employment, Jurisdiction, Illegality as Ground for Extension
Source Language
English
Administrative Law Employment Law Judicial Review Extension of Time Certiorari Mandamus Prohibition Termination of Employment +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Omary Shaaban S. Nyambu

Applicant

Chief of the Defence Force

1st Respondent

Permanent Secretary Ministry of Defence

2nd Respondent

Honourable Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the Court has jurisdiction to grant extension of time without prior application to the Minister under section 44 of the Law of Limitation Act
  2. 2 Whether the applicant has shown good cause for extension of time to apply for leave for judicial review

Ratio Decidendi

The Court held that it had jurisdiction to grant extension of time as the Minister's powers under section 44(1) of the Law of Limitation Act are limited and insufficient for the relief sought. The applicant's allegation of illegality in the termination process, specifically denial of the right to be heard, constituted sufficient cause for extension of time.

Court Disposition

Application granted

Orders

  • Applicant granted up to six months' extension to lodge application for leave to apply for judicial review
  • No order as to costs