mtikila v ag of united republic of tanzania and anor reference 2 of 2007 2007 eacj 4 25 april 2007

mtikila v ag of united republic of tanzania and anor reference 2 of 2007 2007 eacj 4 25 april 2007

The core issue raised by the applicant concerns the membership of the East African Legislative Assembly, which falls squarely within Article 52 of the Treaty and is the exclusive domain of the High Court of Tanzania. The East African Court of Justice has no jurisdiction to entertain the reference as it does not raise any issue of interpretation or application of the Treaty outside Article 52.

Citation
mtikila v ag of united republic of tanzania and anor reference 2 of 2007 2007 eacj 4 25 april 2007
Parties
Applicant: Christopher Mtikila; 1st Respondent: Attorney General of the United Republic of Tanzania; 2nd Respondent: Secretary General of the East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
25 April 2007
Procedural Posture
Reference / Preliminary Objection Ruling
Outcome
Reference dismissed for want of jurisdiction
Legal Topics
Jurisdiction of Regional Courts, Locus Standi, Election Petitions, Interpretation of Treaty Provisions
Source Language
English
Constitutional Law Regional Integration Law Jurisdiction of Regional Courts Locus Standi Election Petitions Interpretation of Treaty Provisions

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Parties

Christopher Mtikila

Applicant

Attorney General of the United Republic of Tanzania

1st Respondent

Secretary General of the East African Community

2nd Respondent

Procedural Posture

Reference / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the East African Court of Justice has jurisdiction to entertain the reference regarding the membership of the East African Legislative Assembly from Tanzania
  2. 2 Whether the applicant has locus standi to bring the reference

Ratio Decidendi

The core issue raised by the applicant concerns the membership of the East African Legislative Assembly, which falls squarely within Article 52 of the Treaty and is the exclusive domain of the High Court of Tanzania. The East African Court of Justice has no jurisdiction to entertain the reference as it does not raise any issue of interpretation or application of the Treaty outside Article 52.

Court Disposition

Reference dismissed for want of jurisdiction

Orders

  • Preliminary objection allowed
  • Reference dismissed with costs for one advocate for each Respondent