NA TZCA Dar es Salaam 1

NA TZCA Dar es Salaam 1

The Citizenship Ordinance and the Citizenship Act, 1961 were not repealed at the material time; the second respondent's application and registration as a citizen of Tanzania were done in accordance with the applicable law; the certificate of citizenship was properly authorized; and the second respondent had locus standi to file the election petition.

Citation
NA TZCA Dar es Salaam 1
Parties
Appellant: Dr. Aman Walid Kaborou; Respondent: The Attorney General; Respondent: Azim Suleiman Premji
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 1995
Procedural Posture
Civil Appeal / Appeal From High Court Ruling on Preliminary Objection
Outcome
Appeal dismissed
Legal Topics
Locus Standi, Citizenship Registration, Election Petitions, Statutory Interpretation
Source Language
English
Constitutional Law Election Law Citizenship Law Locus Standi Citizenship Registration Election Petitions Statutory Interpretation

Case Brief

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Parties

Dr. Aman Walid Kaborou

Appellant

The Attorney General

Respondent

Azim Suleiman Premji

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the second respondent was properly registered as a citizen of Tanzania
  2. 2 Whether the application for citizenship was made under repealed law and thus void
  3. 3 Whether the certificate of citizenship was issued by the competent authority

Ratio Decidendi

The Citizenship Ordinance and the Citizenship Act, 1961 were not repealed at the material time; the second respondent's application and registration as a citizen of Tanzania were done in accordance with the applicable law; the certificate of citizenship was properly authorized; and the second respondent had locus standi to file the election petition.

Court Disposition

Appeal dismissed

Orders

  • Grounds one, two, three, and four of the appeal are dismissed.
  • The High Court's ruling that the second respondent has locus standi is upheld.