peter michael madeleka vs attorney general others 2018 tzhc 2587 18 october 2018

peter michael madeleka vs attorney general others 2018 tzhc 2587 18 october 2018

The application for leave has merit as there are legal issues requiring judicial review of the respondent's actions; leave is granted to file for prerogative orders.

Citation
peter michael madeleka vs attorney general others 2018 tzhc 2587 18 october 2018
Parties
Applicant: Peter Michael Madeleka; 1st Respondent: The Attorney General; 2nd Respondent: Minister for Home Affairs; 3rd Respondent: Permanent Secretary Ministry of Home Affairs; 4th Respondent: Inspector General of Police
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2018
Procedural Posture
Miscellaneous Civil Cause / Application for Leave to File for Orders of Mandamus and Prohibition
Outcome
Leave granted
Legal Topics
Judicial Review, Resignation Procedures, Prerogative Orders
Source Language
English
Administrative Law Employment Law Judicial Review Resignation Procedures Prerogative Orders

Case Brief

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Parties

Peter Michael Madeleka

Applicant

The Attorney General

1st Respondent

Minister for Home Affairs

2nd Respondent

Permanent Secretary Ministry of Home Affairs

3rd Respondent

Inspector General of Police

4th Respondent

Procedural Posture

Miscellaneous Civil Cause / Application for Leave to File for Orders of Mandamus and Prohibition

Legal Issues

  1. 1 Whether the 3rd Respondent lawfully disregarded the applicant's 24 hours resignation notice
  2. 2 Whether the 4th Respondent lawfully denied the applicant salaries, allowances, and entitlements
  3. 3 Whether the 4th Respondent lawfully held that the applicant absconded and received salaries without working

Ratio Decidendi

The application for leave has merit as there are legal issues requiring judicial review of the respondent's actions; leave is granted to file for prerogative orders.

Court Disposition

Leave granted

Orders

  • Applicant to file application for prerogative orders within fourteen days from the date of the ruling