Ruling Yusuph Juma Mazwil and others v Mining Commission and 3 others

Ruling Yusuph Juma Mazwil and others v Mining Commission and 3 others

Extension of time granted because delay was technical, not deliberate, and applicants raised sufficient cause including alleged illegality (denial of right to be heard), which must be examined in judicial review.

Citation
Ruling Yusuph Juma Mazwil and others v Mining Commission and 3 others
Parties
Applicant: Yusuph Juma Mazwili; Applicant: Kanunu Rukiko Kananda; Respondent: Mining Commission; Respondent: The Resident Mining Officer Mwanza Region; Respondent: The Attorney General; Respondent: Ms. Lishokela Mining Group
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 July 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Judicial Review, Right to Be Heard, Technical Delay, Illegality as Ground for Extension
Source Language
English
Administrative Law Mining Law Civil Procedure Extension of Time Judicial Review Right to Be Heard Technical Delay Illegality as Ground for Extension

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Parties

Yusuph Juma Mazwili

Applicant

Kanunu Rukiko Kananda

Applicant

Mining Commission

Respondent

The Resident Mining Officer Mwanza Region

Respondent

The Attorney General

Respondent

Ms. Lishokela Mining Group

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists for extension of time to file judicial review
  2. 2 Whether technical delay constitutes good cause
  3. 3 Whether alleged illegality (denial of right to be heard) justifies extension

Ratio Decidendi

Extension of time granted because delay was technical, not deliberate, and applicants raised sufficient cause including alleged illegality (denial of right to be heard), which must be examined in judicial review.

Court Disposition

Application granted

Orders

  • Extension of time to file application for judicial review granted
  • Applicants to file judicial review within 30 days from date of ruling