Tanzania Case Law

abba limited v attorney general of the republic of rwanda appeal 10 of 2022 2023 eacj 7 24 may 2023

Court

EACJ

The Reference was time-barred because the cause of action arose from the District Council’s revocation of the sale agreement on 25th June 2015, not the Ombudsman’s decision. The Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty. The Trial Court correctly held it lacked jurisdiction.

Source excerpt

• Jurisdiction
• Limitation period
• Privatisation
• Public property
• Treaty for the establishment of the east african community

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okero v kituo cha sheria legal advice centre and others application 4 of 2022 2023 eacj 3 24 february 2023

Court

EACJ

The EACJ Appellate Division dismissed a consolidated application for extension of time to appeal, holding the proper forum was the full bench of the First Instance Division.

• Extension of time
• Amicus curiae
• Jurisdiction
• Locus standi
• Extension-of-time
• Amicus-curiae

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dabule and others v attorney general of the republic of uganda reference 5 of 2016 2022 eacj 14 21 june 2022

Court

EACJ

The Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty, depriving the Court of jurisdiction to entertain the matter.

Source excerpt

• Time limitation
• Jurisdiction
• Rule of law
• Property rights
• Human rights
• East african community treaty

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pontrilas investments ltd v central bank of kenya and another application 14 of 2019 2020 eacj 26 15 june 2020

Court

EACJ

The EACJ partly granted an application to amend pleadings and to produce some CBK documents, but refused summons for the Governor and most document requests.

• Regulatory oversight
• Receivership
• Document production
• Witness summons
• Amendment of pleadings
• Witness-summons

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mpozayo v attorney general of the republic of rwanda consolidated applications 6 of 2019 consolidated applications 7 of 2019 consolidated applications 8 of 2019 2

Court

EACJ

The Court has jurisdiction and discretion to grant extension of time for filing an appeal where sufficient reason is shown, including hardship and prompt remedial action. The Applicant established sufficient reason due to incarceration and inability to comply with procedural requirements. The Respondent would not be prejudiced by granting extension. Applications for extension of time and service out of time were properly made under the applicable Court Rules.

Source excerpt

• Extension of time
• Appeal procedure
• Service of process

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dabule and others v attorney general of uganda 2018 eacj 125 28 november 2018

Court

EACJ

The EACJ dismissed a reference by Ugandan applicants over frozen bank funds, holding it was based on a false premise and no live dispute existed.

• Rule of law
• Right to property
• Non-discrimination
• Fair hearing
• Time limitation
• Abuse of court process

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east africa law society v attorney general of republic of burundi and another reference 1 of 2014 2015 eacj 92 15 may 2015

Court

EACJ

The EACJ held that Burundi’s disbarment process and travel ban on Isidore Rufyikiri breached due process and the Treaty’s rule-of-law obligations.

• Rule of law
• Due process
• Separation of powers
• Fair trial
• Freedom of movement
• Treaty compliance

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tembani and anor v ango and others communication 409 of 2012 2014 achpr 4 30 april 2014

Court

ACHPR

Articles 7 and 26 of the African Charter guarantee access to and independence of national courts, not international tribunals such as the SADC Tribunal. The Respondent States do not have a Charter obligation to ensure access to or the independence of the SADC Tribunal. Therefore, the suspension and ouster of the SADC Tribunal do not constitute a violation of the African Charter by the Respondent States.

Source excerpt

• Access to justice
• Right to fair trial
• Independence of judiciary
• State responsibility
• Exhaustion of local remedies

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