shabibu badi mruma vs mzumbe university another 2018 tzhc 2943 21 march 2018

shabibu badi mruma vs mzumbe university another 2018 tzhc 2943 21 march 2018

There is no statutory or case law ousting the High Court's jurisdiction over academic matters; reluctance to interfere is not a bar. The applicant's affidavit is not incurably defective as supporting affidavits, including that of Alpha Boniphace, are on record. Both grounds of the preliminary objection are overruled.

Citation
shabibu badi mruma vs mzumbe university another 2018 tzhc 2943 21 march 2018
Parties
Applicant: Shabibu Badi Mruma; 1st Respondent: Mzumbe University; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 March 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled; application to proceed on merits.
Legal Topics
Judicial Review, Extension of Time, Academic Decisions, Affidavit Defects, Jurisdiction
Source Language
English
Administrative Law Civil Procedure Judicial Review Extension of Time Academic Decisions Affidavit Defects Jurisdiction

Case Brief

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Parties

Shabibu Badi Mruma

Applicant

Mzumbe University

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain matters of academic nature via judicial review
  2. 2 Whether the applicant's affidavit is incurably defective for lack of supporting affidavits and hearsay

Ratio Decidendi

There is no statutory or case law ousting the High Court's jurisdiction over academic matters; reluctance to interfere is not a bar. The applicant's affidavit is not incurably defective as supporting affidavits, including that of Alpha Boniphace, are on record. Both grounds of the preliminary objection are overruled.

Court Disposition

Preliminary objection overruled; application to proceed on merits.

Orders

  • Let the application for extension of time be heard and determined on its merit.
  • Costs in the cause.