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Tanzania decisions
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The High Court declared the plaintiff owner of Plot No. 546 Block JJJ, ordered valuation and compensation for the 1st defendant’s mud house, and dismissed unproved damages claims.
The State violated the applicants’ right to be judged within a reasonable time and to the execution of a judicial decision by failing to ensure timely enforcement of the compensation judgment. Other alleged violations (right to information, dignity, equality, non-discrimination) were not established as the applicants had access to information, were ultimately compensated under the law, and did not demonstrate differential or degrading treatment.
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The EACJ held it had jurisdiction, found the land sale to Rugo Farm lawful, and ruled that Burundi’s Special Court breached the Treaty by ignoring constitutional procedure.
The applicants failed to submit evidence and arguments on admissibility within the prescribed and extended deadlines, demonstrating lack of interest and diligence, warranting the striking out of the communication.
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The applicants failed to submit the required evidence and arguments on admissibility within the prescribed and extended deadlines, demonstrating lack of diligence and precluding the Commission from determining admissibility.
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The African Commission held that the Endorois are a distinct indigenous people and that Kenya’s eviction, denial of access, and lack of compensation violated the Charter.
Customary or deemed rights of occupancy are property protected by Article 24 of the Constitution; deprivation of such rights without fair compensation is unconstitutional; statutory ouster of court jurisdiction is unconstitutional; only the unconstitutional provisions of the Regulation of Land Tenure (Established Villages) Act, 1992 should be struck down, not the entire Act; in areas where customary rights were extinguished before the Bill of Rights became enforceable, the constitutional protections do not apply retrospectively.
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