Tanzania Case Law

MKINDI LYMO, MOHAMED YUSUF AHMED, CHACHA LEMBUKA MOLLEL, JOSEPH FABIAN SHIO, PHILIPINA ONESMO, FRANCIS SAVAYO MOLLEL, HUSSEIN MBWANA, FADHIL SHABAN MOLLEL, ALFRED C. SHIRIMA, PETER TEMU, DANIEL NOAH MOLLEL, MARY JOHN LYIMO, HALIMA JUMA MSHANA, COSMAS KASMIRI NJAU, MOSES O. MASSAWE, WILSON MICHAEL LAIZER, ABISAI ELIBARIKI KILEO, SIMON KIWALE, DANIEL ELIBARIKI GADIE, ALLY SEIF SWAI, BASHIR MUSA MFINANGA vs THE REGIONAL MANAGER TANROADS ARUSHA, THE ATTORNEY GENERAL

The High Court at Arusha refused a pre-suit injunction and declined to waive the statutory notice period in a dispute over road-reserve demolition along the Arusha–Minjingu Road.

• Pre-suit preservatory relief
• Temporary injunction
• Statutory notice under government proceedings act
• Misjoinder/non-joinder of parties
• Road reserve and compensation for demolition
• Temporary-injunction

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MISC

Court

TANZLII

The Chief Secretary lacked jurisdiction to entertain the appeal from the Public Service Commission; the appeal was filed out of time; thus, the decision confirming the deceased's termination was illegal and must be quashed. The 1st Respondent must comply with the Public Service Commission's decision reinstating the deceased.

Source excerpt

• Judicial review
• Certiorari
• Mandamus
• Termination of employment
• Jurisdiction
• Time limitation

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independent electoral commission of kenya v kiwanuka and another ruling application no 47 of 2022 arising from reference no 39 of 2022 2024 eacj 13 28 november 20

Court

EACJ

The IEBCK does not meet the threshold for intervention under Article 40 of the Treaty and Rule 59(4) of the Rules because its interest is not distinct from that of the Attorney General (2nd Respondent), its participation would duplicate arguments already before the Court, and it has not demonstrated a direct and indispensable interest in the proceedings. The preliminary objection on jurisdiction is dismissed as misconceived, as intervention is a procedural matter distinct from substantive jurisdiction.

Source excerpt

• Intervention
• Locus standi
• Jurisdiction
• Treaty interpretation
• Electoral law

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the attorney general versus mohamed liundi and another 2023 tzhc 23482 12 december 2023

Court

TZHC

The Resident Magistrate Court had jurisdiction over DAWASCO as a public corporation, not as a government entity; however, the failure to issue notice of the date of judgment to the defendant in ex parte proceedings rendered the judgment invalid and inoperative, necessitating nullification of the proceedings and a fresh judgment before another magistrate.

Source excerpt

• Jurisdiction
• Ex parte judgment
• Notice of judgment
• Public corporations
• Malicious prosecution

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ololosokwan village council and others v attorney general of the united republic of tanzania appeal no 13 of 2022 2023 eacj 12 29 november 2023

Court

EACJ

The EACJ Appellate Division allowed an appeal over village evictions near Serengeti, set aside the trial judgment, and remitted the case for rehearing.

• Jurisdiction of regional courts
• Exhaustion of local remedies
• Standard of proof
• Eviction and land rights
• Indigenous peoples' rights
• Treaty interpretation

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yu sung construction limited v attorney general of the republic of south sudan appeal no 11 of 2022 2023 eacj 11 27 november 2023

Court

EACJ

The appeal was dismissed because the consent judgment was not validly entered by a properly constituted court as required by the Court Rules, rendering it a nullity. The doctrines of res judicata, functus officio, and approbation and reprobation did not apply as there was no valid judgment. The Trial Court properly exercised its discretion to set aside the invalid consent judgment, allow a change of advocates for the respondent, and extend time for the respondent to file its response. The Appellant was not entitled to any reliefs sought.

Source excerpt

• Consent judgment
• Jurisdiction
• Locus standi
• Change of advocates
• Procedural irregularity
• Extension of time

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attorney general vs electrics international company limited another 2023 tzca 17758 16 october 2023

Court

TZCA

The Court of Appeal struck out the Attorney General’s stay application as time-barred under Rule 11(4), holding the 14-day limit applied.

• Stay of execution
• Limitation period
• Arbitral award enforcement
• Stay-of-execution
• Limitation-period
• Court-of-appeal-rules

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petro john maganga 25 others vs kalemela a village council 5 others 2023 tzhc 22897 18 august 2023

Court

TZHC

The High Court dismissed an injunction application by landowners seeking to stop a dam project, finding no irreparable harm and striking out RUWASA Urambo District.

• Temporary injunction
• Compensation for land acquisition
• Public interest
• Mareva injunction
• Legal personality
• Temporary-injunction

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abel samson vs aron yakobo ndalubonee and 2 others 2023 tzhc 18938 14 july 2023

Court

TZHC

The High Court dismissed a land ownership claim after finding the disputed land had been voluntarily released for school use and the later sale was invalid.

• Ownership of land
• Compulsory acquisition
• Sale of land
• Planning authority consent
• Public contribution of land
• Validity of sale agreements

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attorney general vs swiss singapore overseas interprises pte ltd another 2023 tzca 17355 22 june 2023

Court

TZCA

Failure to join the Attorney General or relevant government entity after the second respondent was declared a specified public corporation violated the right to be heard and the statutory requirement to protect government interests. The proceedings from 21st August 1998 onwards are nullified and must be reheard with proper parties joined.

Source excerpt

• Joinder of parties
• Natural justice
• Government interests
• Execution of decrees
• Public corporations

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