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Tanzania Case Law

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Land law AHMAD ABUBAKAR SCANNED

AHMAD ABUBAKAR SCANNED

Appellants failed to establish locus standi as they neither claimed ownership nor demonstrated sufficient interest in the reserved land; reliefs sought require proof of lawful ownership, which was not pleaded or proven. Tribunal was justified in striking out the suit for lack of standing.

  • Locus standi
  • Reserved land
  • Trespass
  • Jurisdiction
  • Environmental protection
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Civil procedure CHAMA CHA WAFUGAJI TANZANIA

CHAMA CHA WAFUGAJI TANZANIA

The High Court of Tanzania refused a temporary injunction sought to stop eviction of cattle from Sakaya Natural Forest Reserve, prioritizing environmental protection.

  • Mareva injunction
  • Temporary injunction
  • Environmental protection
  • Public interest
  • Balance of convenience
  • Temporary-injunction
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Criminal law MUSSA

MUSSA

The High Court held that Biharamulo District Court lacked territorial jurisdiction over offences committed in Chato District, quashed the conviction, and ordered a fresh trial in Chato District Court.

  • Territorial jurisdiction
  • Nullification of proceedings
  • Unlawful disturbance of biological diversity
  • Unlawful possession of weapons
  • Territorial-jurisdiction
  • Criminal-appeals
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Administrative law kyomuhendo and another v attorney general of republic of uganda reference no 16 of 2020 2024 eacj 8 10 october 2024

kyomuhendo and another v attorney general of republic of uganda reference no 16 of 2020 2024 eacj 8 10 october 2024

The East African Court of Justice dismissed a reference over the Kibiro geothermal project because the supporting affidavit was defective and the filing was incompetent.

  • Locus standi
  • Affidavit requirements
  • Jurisdiction of eacj
  • Environmental protection
  • Indigenous rights
  • Affidavit-requirements
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Criminal law JUDGEMENT YOHANA SANGA

JUDGEMENT YOHANA SANGA

The appellant was convicted for a non-existent offence as the cited statutory provisions do not create the offence of unlawful entry into a national park. On the second count, the prosecution failed to prove beyond reasonable doubt that the appellant disturbed the habitat of biological diversity, due to contradictory evidence regarding the location of the alleged offence.

  • Unlawful entry into national park
  • Disturbing habitat of biological diversity
  • Burden of proof
  • Evaluation of evidence
  • Interpretation of statutes
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Land law NOA MATINDA

NOA MATINDA

The High Court dismissed a Mareva injunction application over disputed land near Tarangire National Park, finding delay, no entitlement, and environmental concerns.

  • Mareva injunction
  • Temporary injunction
  • Land ownership dispute
  • National park boundaries
  • Environmental protection
  • Equitable remedies
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Administrative law cholong v attorney general of the republic of south sudan application no 202022 2024 eacj 3 26 march 2024

cholong v attorney general of the republic of south sudan application no 202022 2024 eacj 3 26 march 2024

The limitation period for filing a Reference under Article 30(2) of the Treaty commenced with the signing of the Memorandum of Understanding in July 2021, which constituted the relevant action. The Reference, filed on 10th June 2022, was therefore time-barred. The Court lacks jurisdiction ratione temporis to entertain the Reference and Application.

  • Jurisdiction
  • Time limitation
  • Treaty interpretation
  • Environmental protection
  • Right to access to information
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Administrative law north mara gold mine limited vs minister of state vice presidents office union environmenta and another 2024 tzhc 742 7 march 2024

north mara gold mine limited vs minister of state vice presidents office union environmenta and another 2024 tzhc 742 7 march 2024

The applicant has demonstrated sufficient interest, an arguable case, and the absence of an operational alternative remedy; leave to apply for judicial review is granted.

  • Judicial review
  • Right to be heard
  • Exhaustion of alternative remedies
  • Standing (locus standi)
  • Environmental penalties
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Civil procedure godfrey allen dhahabu and 4 others vs kigamboni municipal council and another 2024 tzhc 631 4 march 2024

godfrey allen dhahabu and 4 others vs kigamboni municipal council and another 2024 tzhc 631 4 march 2024

The application is untenable as granting the declaratory order would jeopardize public interest due to environmental and public policy concerns, outweighing applicants' interests.

  • Interim injunction
  • Declaratory order
  • Public policy
  • Environmental concerns
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Criminal law elia so lemsumba another vs republic 2023 tzhc 23422 19 december 2023

elia so lemsumba another vs republic 2023 tzhc 23422 19 december 2023

The High Court dismissed most grounds of appeal over forest-offence convictions, upholding conviction, forfeiture, and sentence, but ordered the first appellant’s sentences to run concurrently.

  • Unlawful entry into forest reserve
  • Unlawful introduction of domestic animals
  • Unlawful destruction of forest vegetation
  • Disturbing habitat of biological diversity
  • Unlawful erection of building structures
  • Confiscation of property
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.