thomas reuben vs nationa examination council another 2018 tzhc 2230 6 september 2018

thomas reuben vs nationa examination council another 2018 tzhc 2230 6 september 2018

The applicant demonstrated prima facie arguable issues regarding denial of the right to be heard before cancellation of examination results, warranting leave to apply for prerogative orders.

Citation
thomas reuben vs nationa examination council another 2018 tzhc 2230 6 september 2018
Parties
Applicant: Thomas Reuben; 1st Respondent: National Examination Council of Tanzania; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2018
Procedural Posture
Miscellaneous Civil Cause / Application for Leave to Apply for Prerogative Orders
Outcome
Leave to apply for prerogative orders of certiorari and mandamus granted.
Legal Topics
Certiorari, Mandamus, Right to Be Heard, Cancellation of Examination Results
Source Language
English
Administrative Law Judicial Review Certiorari Mandamus Right to Be Heard Cancellation of Examination Results

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Parties

Thomas Reuben

Applicant

National Examination Council of Tanzania

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Application for Leave to Apply for Prerogative Orders

Legal Issues

  1. 1 Whether the applicant was denied the right to be heard before cancellation of examination results
  2. 2 Whether there are prima facie arguable issues warranting leave for judicial review

Ratio Decidendi

The applicant demonstrated prima facie arguable issues regarding denial of the right to be heard before cancellation of examination results, warranting leave to apply for prerogative orders.

Court Disposition

Leave to apply for prerogative orders of certiorari and mandamus granted.

Orders

  • Leave granted to apply for prerogative orders of certiorari and mandamus.
  • No order as to costs.