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Tanzania decisions
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The High Court judge recused himself from a mosque-related civil application, finding his familiarity with some parties could create a reasonable suspicion of bias.
The respondent failed to advance sufficient and tangible grounds to justify recusal; allegations of bias are trivial, unsupported, and do not meet the legal test for judicial disqualification. Recusal would encourage forum shopping and undermine judicial function.
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The reasons advanced for recusal are flimsy and do not fall within the prescribed principles; no evidence of bias or conflict exists, and the current case is new. However, in the interest of justice, the judge recused himself.
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The Applicant failed to provide any objective evidence or reasonable basis to support allegations of bias or conflict of interest against Justice Charles Nyachae. The timing and nature of the application suggested an abuse of process. The presumption of judicial impartiality was not rebutted, and the threshold for recusal was not met.
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The High Court dismissed an application for recusal in a probate cause, holding that the grounds raised did not show bias and that repeated applications amounted to forum shopping.
The request for recusal is based on perception, assumption, and imagination rather than plausible or substantiated grounds as required by law and judicial precedent. There is no evidence of bias, conflict of interest, or other valid reason for recusal. Granting recusal on such grounds would amount to abdication of judicial function and encourage forum shopping.
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The trial Magistrate's conduct in presiding over both the criminal and civil cases involving the same respondent gave rise to a real possibility of bias, undermining the requirement of impartiality and fairness. The proceedings and judgments below were thus nullified and a retrial ordered before a different Magistrate.
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The High Court dismissed a recusal application, holding the allegations of bias were unsupported and did not justify disqualification of the presiding judge.
The High Court Labour Division refused a recusal request, holding that raising competence and jurisdiction issues does not show bias or justify disqualification.
The defendant's counsel failed to provide sufficient factual or legal grounds for recusal under Rule 9 of GN. 1001 of 2020. Alleged conflict of interest and bias were not substantiated, and scheduling conflicts were resolved. The judge found no justification for recusal and will proceed to hear the case.
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