yusuph haruni adamu vs country representative unhcr tanzania 2016 tzca 2036 25 october 2016

yusuph haruni adamu vs country representative unhcr tanzania 2016 tzca 2036 25 october 2016

UNHCR, as a listed international organization, enjoys absolute immunity from suit and legal process in Tanzania, and since no waiver has been granted by the UN Secretary-General, all proceedings and orders against it in the lower courts are quashed and set aside.

Citation
yusuph haruni adamu vs country representative unhcr tanzania 2016 tzca 2036 25 october 2016
Parties
Plaintiff/decree Holder: Yusuph Haruni Adam; 1st Defendant/judgment Debtor: Country Representative UNHCR Tanzania; 2nd Defendant/judgment Debtor: Head of Field Office UNHCR Kasulu Field Office
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 October 2016
Procedural Posture
Civil Revision / Court of Appeal Ruling
Outcome
proceedings and orders of lower courts quashed and set aside
Legal Topics
Immunity of International Organizations, Privileges and Immunities, Enforcement of Judgments, Remedies Against UN Entities
Source Language
English
International Law Immunity Law Civil Procedure Immunity of International Organizations Privileges and Immunities Enforcement of Judgments Remedies Against UN Entities

Case Brief

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Parties

Yusuph Haruni Adam

Plaintiff/decree Holder

Country Representative UNHCR Tanzania

1st Defendant/judgment Debtor

Head of Field Office UNHCR Kasulu Field Office

2nd Defendant/judgment Debtor

Procedural Posture

Civil Revision / Court of Appeal Ruling

Legal Issues

  1. 1 Whether UNHCR enjoys immunity from suit and legal process in Tanzania
  2. 2 Whether the proceedings and orders of lower courts against UNHCR are valid
  3. 3 What remedies are available to individuals aggrieved by acts of UN organizations

Ratio Decidendi

UNHCR, as a listed international organization, enjoys absolute immunity from suit and legal process in Tanzania, and since no waiver has been granted by the UN Secretary-General, all proceedings and orders against it in the lower courts are quashed and set aside.

Court Disposition

proceedings and orders of lower courts quashed and set aside

Orders

  • Proceedings and orders of the High Court of Tanzania Tabora in Civil Revision No. 11 of 2016 and District Court of Kasulu in Civil Case No. 13 of 2014 are quashed and set aside.
  • Parties are advised to seek amicable settlement through the Ministry of Foreign Affairs.