mwita and another c republique unie de tanzanie requete n 0072016 2023 afchpr 9 13 juin 2023

mwita and another c republique unie de tanzanie requete n 0072016 2023 afchpr 9 13 juin 2023

The applicants failed to demonstrate differential treatment or manifest error in the application of law or evidence by national courts. The burden of proof was correctly applied, and the applicants had access to remedies. No violation of Article 3 of the African Charter was established.

Source-derived case information.

Citation
mwita and another c republique unie de tanzanie requete n 0072016 2023 afchpr 9 13 juin 2023
Parties
Applicant: Matoke Mwita; Applicant: Masero Mkami; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment
Outcome
application dismissed
Legal Topics
Right to Equality Before the Law, Right to Equal Protection of the Law, Fair Trial, Appeal Rights, Burden of Proof
Source Language
en
Human Rights Law Criminal Law Right to Equality Before the Law Right to Equal Protection of the Law Fair Trial Appeal Rights Burden of Proof

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Parties

Matoke Mwita

Applicant

Masero Mkami

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicants' rights to equality before the law and equal protection of the law under Article 3 of the African Charter were violated by the national courts' handling of evidence and appeal procedures

Ratio Decidendi

The applicants failed to demonstrate differential treatment or manifest error in the application of law or evidence by national courts. The burden of proof was correctly applied, and the applicants had access to remedies. No violation of Article 3 of the African Charter was established.

Court Disposition

application dismissed

Orders

  • Court is competent.
  • Application is receivable.