final RULING MT

final RULING MT

The applicant failed to demonstrate good cause for the delay as the alleged illegality was not apparent on the face of the record and would require a long-drawn process to establish. The delay was excessive and not justified. Therefore, the application for extension of time was dismissed.

Citation
final RULING MT
Parties
Applicant: Peter Mashaka Selemani @ Lunyombe; 1st Respondent: The Permanent Secretary of Ministry of Defence and National Service; 2nd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Judicial Review, Illegality as Ground for Extension, Right to Be Heard, Termination of Employment
Source Language
English
Administrative Law Labour Law Civil Procedure Extension of Time Judicial Review Illegality as Ground for Extension Right to Be Heard Termination of Employment

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Parties

Peter Mashaka Selemani @ Lunyombe

Applicant

The Permanent Secretary of Ministry of Defence and National Service

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to apply for leave for judicial review
  2. 2 Whether alleged illegality in the termination decision warrants extension of time

Ratio Decidendi

The applicant failed to demonstrate good cause for the delay as the alleged illegality was not apparent on the face of the record and would require a long-drawn process to establish. The delay was excessive and not justified. Therefore, the application for extension of time was dismissed.

Court Disposition

Application dismissed

Orders

  • No order as to costs