SELEMAN BAKARI RULING NEW

SELEMAN BAKARI RULING NEW

The applicant met all conditions for leave: he established an arguable case, filed within the six-month limitation period, demonstrated no alternative remedy as the impugned decision is final, and acted in good faith with full disclosure. The absence of a counter affidavit from the respondents meant the applicant's...

Source-derived case information.

Citation
SELEMAN BAKARI RULING NEW
Parties
Applicant: Suleiman R. Bakar; 1st Respondent: Chief Secretary; 2nd Respondent: Governing Body of the College of Business Education; 3rd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Miscellaneous Civil Cause (application for Leave for Judicial Review) / Ruling on Application for Leave to Apply for Orders of Certiorari and Mandamus
Outcome
Leave granted
Legal Topics
Leave for Judicial Review, Certiorari, Mandamus, Limitation Periods, Alternative Remedies, Public Service Discipline
Source Language
english
Administrative Law Employment Law Judicial Review Leave for Judicial Review Certiorari Mandamus Limitation Periods Alternative Remedies +1 more

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Parties

Suleiman R. Bakar

Applicant

Chief Secretary

1st Respondent

Governing Body of the College of Business Education

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause (application for Leave for Judicial Review) / Ruling on Application for Leave to Apply for Orders of Certiorari and Mandamus

Legal Issues

  1. 1 Whether the applicant has established an arguable case for judicial review
  2. 2 Whether the application for leave is within the statutory limitation period
  3. 3 Whether there is an alternative remedy available to the applicant

Ratio Decidendi

The applicant met all conditions for leave: he established an arguable case, filed within the six-month limitation period, demonstrated no alternative remedy as the impugned decision is final, and acted in good faith with full disclosure. The absence of a counter affidavit from the respondents meant the applicant's facts were unchallenged. Leave to apply for prerogative orders of certiorari and mandamus is granted.

Court Disposition

Leave granted

Orders

  • Leave granted to the applicant to file the application for prerogative orders of certiorari and mandamus within the prescribed period by law.
  • Right of appeal explained to the parties.