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Tanzania decisions
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The East African Court of Justice dismissed Ola Energy Uganda Limited’s stay application because the trial court’s dismissal of the reference was not a positive order capable of execution.
The Trial Court committed procedural irregularity by bifurcating and separately determining the jurisdictional issue after previously ruling, and being affirmed on appeal, that the issue was of mixed law and fact requiring full hearing. The Appellant was denied a fair hearing due to lack of adequate notice and opportunity to present evidence, contrary to the rule of law and fair trial principles under the Treaty.
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The Court found that the respondent provided sufficient reasons for the delay in filing the Amended Record of Appeal and that the procedural lapses did not go to the substance of the appeal. The affidavit by counsel was not fatally defective as it related to matters within his knowledge. The application to strike out the appeal was dismissed.
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The Reference is moot as the DRC has already been admitted as a Partner State. The Court lacks jurisdiction over alleged violations committed by DRC before it became a Partner State. No cause of action is disclosed against the Respondents. Reliefs sought are not tenable.
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The Court found that the impugned Act passed the three-part test: the limitations were prescribed by law and clear, the objectives were pressing and substantial, and the measures were proportionate to the objectives. The Applicants failed to prove that the Act violated the Treaty or Protocol. Therefore, the challenged provisions do not contravene the cited Treaty or Protocol articles.
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The Court lacks jurisdiction ratione materiae because the Applicant's claims pertain to the African Charter and the African Commission, which are outside the scope of the Treaty. The Court also lacks jurisdiction ratione temporis as the Reference was filed more than five years after the Applicant became aware of the alleged violation, exceeding the two-month limitation period under Article 30(2) of the Treaty.
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The East African Court of Justice dismissed a reference for procedural non-compliance, holding it was improperly filed without mandatory documentary evidence.
The EACJ struck out Burundi’s appeal for incompetence because the Record of Appeal omitted the mandatory Notice of Appeal. Costs were awarded to Rugo Farm Company.
The EACJ Appellate Division held that quorum for Council meetings is governed by the Rules of Procedure, and dismissed the appeal by the East Africa Law Society.
The EACJ Appellate Division held the reference time-barred under Article 30(2) and dismissed the appeal, upholding dismissal of the underlying reference.
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