Tanzania Case Law

JOHN SEKA

Court

TANZLII

The High Court lacks jurisdiction to entertain the application for leave for judicial review because the applicant's core challenge is constitutional in nature and must be pursued under BRADEA before the constitutional court. Additionally, the issues raised regarding the legality and validity of the impugned regulations have already been conclusively determined in Bob Chacha Wangwe and Others v. The Minister of the President's Office, Regional Administration and Local Government, rendering the application res judicata.

Source excerpt

• Judicial review
• Res judicata
• Jurisdiction
• Constitutionality of subsidiary legislation
• Local government elections

Read case analysis

4

Court

TANZLII

The applicant satisfied all three conditions for leave to apply for judicial review: existence of an arguable case regarding election procedures, timely filing, and sufficient interest as a member and candidate.

Source excerpt

• Judicial review
• Mandamus
• Certiorari
• Election procedures

Read case analysis

STEVEN KITALE V TLS 2 OTHERS

Court

TANZLII

The TLS Secretariat lacks independent legal status and cannot be sued; the applicant failed to exhaust internal remedies by not formally engaging the Electoral Committee, rendering the application premature.

Source excerpt

• Judicial review
• Exhaustion of remedies
• Legal personality
• Misjoinder of parties

Read case analysis

Boniface Anyisile Kajunjumele Mwabukusi vs Tanganyika Law Society Application for Judicial Review No 17245 of 2024 2024 TZHC 6739 26 July 2024

Court

TZHC

The High Court quashed the Tanganyika Law Society Electoral Appeals Committee’s decision disqualifying a presidential candidate, holding it acted ultra vires and denied a hearing.

• Judicial review
• Natural justice
• Jurisdiction
• Ultra vires
• Professional misconduct
• Electoral process

Read case analysis

STEVEN KITALE CLEOPHACE VS TLS AG

Court

TANZLII

The High Court granted leave for judicial review over alleged irregularities in Tanganyika Law Society election preparations, but declined interim relief.

• Judicial review
• Mandamus
• Certiorari
• Interim injunction
• Society elections
• Access to information

Read case analysis

Odero Charles Odero vs National Council for NonGovernmental Organizations Others Misc Civil Cause No 12602 of 2024 2024 TZHC 5492 4 June 2024

Court

TZHC

Application for leave to seek judicial review. The court held no urgency was established, declined interim stay, and fixed a short timetable for responses.

• Judicial review
• Mandamus
• Certiorari
• Prohibition
• Urgency in proceedings
• Judicial-review

Read case analysis

RULING ODERO C

Court

TANZLII

Applicant failed to prove sufficient interest by not producing documentary evidence of NGO existence and membership. As all criteria for leave must be cumulatively satisfied, failure to prove one condition renders the application meritless.

Source excerpt

• Judicial review
• Ngo regulation
• Sufficient interest
• Mandamus
• Certiorari
• Prohibition

Read case analysis

joran lwehabura bashange vs the chairman of national electoral commission and another 2023 tzhc 16367 29 march 2023

Court

TZHC

The impugned provisions are unconstitutional because they curtail the right of citizens to participate in governance through representatives freely elected by the people, as guaranteed by Article 21(1) and (2) of the Constitution. The provisions introduce a category of members of parliament and councilors who are deemed elected without a vote, which is not provided for in the Constitution. The respondents failed to justify the limitation under Article 30(2) or show that the provisions meet the proportionality test. Therefore, the impugned provisions are null and void and are struck out from t…

Source excerpt

• Right to vote
• Constitutionality of election laws
• Discrimination in electoral processes
• Interpretation of constitutional rights

Read case analysis

tito elia magoti another vs national electoral commission 3 others 2022 tzhc 15383 19 december 2022

Court

TZHC

Section 11(1)(c) of the National Elections Act is unconstitutional to the extent that it imposes a blanket restriction on the right to vote for all persons serving imprisonment exceeding six months, without specifying the criminal offences as required by Article 5(2)(c) of the Constitution. The Constitution only permits restriction for conviction of specified offences, not for all prisoners above a certain sentence threshold. Remandees are not restricted by law from registering or voting. The impugned provision is void for inconsistency with the Constitution.

Source excerpt

• Right to vote
• Prisoners' rights
• Constitutionality of legislation
• Universal suffrage
• Judicial review

Read case analysis

joran lwehabura bashange vs the chairman of national electoral commission and another 2021 tzhc 6745 20 october 2021

Court

TZHC

Whether a petition is frivolous or vexatious is a matter of fact requiring evidence and cannot be determined as a pure point of law through a preliminary objection. The objection raised does not meet the threshold for a preliminary objection and is therefore dismissed.

Source excerpt

• Constitutionality of election laws
• Right to vote
• Preliminary objections
• Standing
• International human rights instruments

Read case analysis