Arusha. The High Court, Geita Sub-Registry, has dismissed an application by Daniel James seeking an extension of time to file a judicial review challenging his dismissal from public service.
The application, number 32222/2025, was lodged against the Secretary to the President’s Office, the Tanzania Teachers Service Commission (TSC), the Attorney General and the Bukombe District Council.
Mr James had applied for leave to institute judicial review proceedings against the Secretary to the President’s Office, who upheld the termination of his employment on August 6, 2023.
The ruling was delivered on February 20, 2026, by Judge Griffin Mwakapeje, who presided over the matter.
Judge Mwakapeje said that after considering the parties’ submissions, the court found that the only issue for determination was whether the applicant had shown sufficient cause to warrant an extension of time.
He noted that leave to file for judicial review ought to have been sought within six months (by February 6, 2024).
Court records show the applicant took no action within the prescribed period and instead filed the application 11 months later without explanation.
Although the applicant cited illness as the reason for the delay, evidence showed the illness occurred between February 2025 and July 2025.
It therefore could not justify the delay between February 2024 and January 2025.
In his affidavit, James stated that after receiving the decision and filing case number 531/2025, it was dismissed on February 24, 2025, on grounds of legal defects.
He said that while attempting to rectify the defects, he developed high blood pressure from February 28 and suffered serious complications that prevented him from pursuing the matter.
He was admitted from March 2 to March 16, 2025, and received treatment.
He argued that the illness was beyond his control and impaired his ability to file the application within the statutory time frame for judicial review matters.
For their part, the respondents opposed the application, arguing that the applicant failed to account for the entire period of delay and did not demonstrate sufficient cause, contending that the delay resulted from his own negligence and lack of diligence.
The government maintained that under the law, applications for leave to file judicial review must be made within six months of the contested decision, which in this case lapsed on February 6, 2024.
They submitted that even where the court exercises discretion to extend time, an applicant must advance lawful grounds.
They further argued that his reliance on illness was unsubstantiated, citing a medical report from Bukombe District Hospital.
While Mr James claimed he suffered from high blood pressure, there was no evidence indicating the precise dates of treatment.
The court held that the delay in filing the application was excessive, unsupported by sufficient cause, and liable to dismissal with costs.
Mr James, who appeared in person, maintained that during his illness he prioritised his health over the case and urged the court to consider his circumstances and allow the application.
Court ruling
In its judgment, the court acknowledged that illness may constitute a valid ground for extension of time if properly substantiated.
However, it observed that the applicant’s illness arose almost a year after the statutory time limit had expired, and he was required to provide satisfactory reasons, particularly for the period preceding his illness.
The court stated that the applicant ought to have explained the entire period of delay from February 6, 2024, to January 8, 2025, which he failed to do.
“Sufficient cause must account for the entire period of delay,” the judgment reads, adding that even a delay of a single day must be fully explained in line with principles established by the High Court.
Consequently, the court dismissed the application for want of legal basis, without making any order as to costs.
