mkomwa vs inspector general of police and another 2005 tzhc 5 3 february 2005

mkomwa vs inspector general of police and another 2005 tzhc 5 3 february 2005

The application was filed about five years after the applicant's dismissal, far outside the six-month limitation period prescribed by law, and prerogative orders are not the appropriate remedy for wrongful dismissal from the Police Force.

Source-derived case information.

Citation
mkomwa vs inspector general of police and another 2005 tzhc 5 3 february 2005
Parties
Applicant: PC Julius M Komwa; 1st Respondent: Inspector General of Police; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 February 2005
Procedural Posture
Application for Leave to File Orders of Certiorari and Mandamus / Preliminary Objection
Outcome
Application dismissed
Legal Topics
Judicial Review, Limitation Periods, Wrongful Dismissal, Remedies
Source Language
english
Administrative Law Employment Law Judicial Review Limitation Periods Wrongful Dismissal Remedies

Source-derived case record

Summary, issues, holding and outcome

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Parties

PC Julius M Komwa

Applicant

Inspector General of Police

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Application for Leave to File Orders of Certiorari and Mandamus / Preliminary Objection

Legal Issues

  1. 1 Whether the application for leave to file for certiorari and mandamus was filed within the statutory limitation period
  2. 2 Whether certiorari and mandamus are appropriate remedies for wrongful dismissal from the Police Force

Ratio Decidendi

The application was filed about five years after the applicant's dismissal, far outside the six-month limitation period prescribed by law, and prerogative orders are not the appropriate remedy for wrongful dismissal from the Police Force.

Court Disposition

Application dismissed

Orders

  • Application for leave to file for certiorari and mandamus is dismissed as time-barred
  • Each party to bear its own costs