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Tanzania decisions
Decisions matching the current search
The High Court granted leave for judicial review over alleged irregularities in Tanganyika Law Society election preparations, but declined interim relief.
High Court at Mwanza dismissed all preliminary objections in a judicial review leave application by a TLS council member seeking mandamus and certiorari.
The African Commission dismissed claims that Nigeria’s failure to curb maternal mortality violated rights to life, health, dignity, equality, information, and remedy.
The High Court has jurisdiction to determine the constitutionality of subsidiary legislation where a violation of basic rights is alleged. The Law School of Tanzania By-laws, to the extent they do not provide students the right to be heard on appeal, contravene Article 13(6)(a) of the Constitution and are unconstitutional. The applicant's claims for damages are unproven and unsupported by pleadings.
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The court held that the petitioner failed to prove beyond reasonable doubt that the challenged provisions of the Access to Information Act, No. 6 of 2016, violate the Constitution. The Act's limitations on access to information are lawful, reasonable, and proportionate, falling within the permissible scope of article 30(2) of the Constitution. The Act provides mechanisms for review and judicial oversight, and its provisions are not discriminatory or arbitrary. The petition was therefore dismissed in its entirety.
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The High Court granted leave to appeal, finding the intended constitutional appeal raised prima facie contentious questions of law and fact.
The court allowed media and human-rights groups to join as amici curiae in a reference challenging Uganda’s criminal defamation laws.
The Petitioner failed to prove, on the balance of probability, that the 2nd Respondent restricted access to Clubhouse in Tanzania. While access to Clubhouse is a fundamental right under the Constitution and international law, such rights are not absolute and may be subject to lawful limitations. No credible evidence was presented to establish ongoing restrictions by the Respondents.
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