Tanzania Case Law

joran lwehabura bashange vs minister for constitutiona legal affairs anotherl 2024 tzhc 774 13 march 2024

Court

TZHC

Section 44(1) and (2) of the Law of Limitation Act are void to the extent of their inconsistency with the Constitution, as they confer judicial powers on the Executive, lack procedural safeguards, deny the right to be heard, are discriminatory, arbitrary, and create legal absurdity. These provisions violate Articles 13(1), (2), (3), (6)(a), 26(1), and 29(1) of the Constitution, as well as domesticated international human rights instruments. The absence of procedural fairness, right of appeal, and the potential for bias render the provisions unconstitutional.

Source excerpt

• Separation of powers
• Judicial review
• Equality before the law
• Due process
• Right to be heard
• Extension of limitation periods

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attorney general of republic of burundi v ngaruko appeal no 12 of 2022 2024 eacj 1 27 february 2024

Court

EACJ

The EACJ Appellate Division partly allowed Burundi’s appeal, upheld jurisdiction, found the title cancellation unlawful, but held the trial court went beyond the claim and remitted the matter.

• Treaty interpretation
• Right to property
• Due process
• Jurisdiction
• Ultra petita
• Compensation

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kone et dramane diarra c republique du mali requete n 0042024 2024 afchpr 23 20 novembre 2024

Court

TANZLII

Applicants failed to demonstrate the urgency, extreme gravity, and irreparable harm required for provisional measures. The alleged harms are not proven to be imminent or irreparable, and ongoing proceedings before the national Supreme Court may provide adequate remedy. Granting the requested measures would prejudge the merits.

Source excerpt

• Provisional measures
• Judicial independence
• Freedom of expression
• Trade union rights
• Due process
• Employment security

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wakabi v attorney general of the united republic of tanzania reference no 14 of 2019 2023 eacj 18 29 november 2023

Court

EACJ

The East African Court of Justice dismissed a reference for procedural non-compliance, holding it was improperly filed without mandatory documentary evidence.

• Jurisdiction and admissibility
• Right to free movement
• Due process
• Procedural compliance
• Prohibited immigrant status
• Eacj-procedure

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ghannouch and others v republic of tunisia application no 0042023 2023 afchpr 19 28 august 2023

Court

TANZLII

The African Court granted provisional measures in part, ordering Tunisia to remove barriers to detainees’ access to lawyers and doctors and to explain the basis of detention.

• Provisional measures
• Detention
• Access to counsel
• Right to health
• Due process
• Political rights

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joseph osmund mbilinyi another vs commissioner general tanzania prison service another 2022 tzhc 15340 19 december 2022

Court

TZHC

Compulsory HIV testing and disclosure of results to third parties in prisons is unconstitutional as it lacks legal backing and violates rights to dignity and privacy under Articles 12(2) and 16(1) of the Constitution. All other complaints regarding prison conditions, punishments, and procedures are either consistent with existing law, lack sufficient evidence, or do not raise constitutional questions, and are therefore dismissed.

Source excerpt

• Prisoners' rights
• Mandatory hiv testing
• Solitary confinement
• Corporal punishment
• Due process
• Right to dignity

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ngaruko v attorney general of the republic of burundi reference 9 of 2019 2022 eacj 24 30 september 2022

Court

EACJ

The EACJ held Burundi breached the Treaty by cancelling Francis Ngaruko’s land title without adequate legal basis or due process, and ordered restoration or compensation.

• Land ownership
• Compulsory acquisition
• Due process
• Compensation
• Treaty violation
• Land-ownership

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sebit and another v attorney general of the republic of south sedan application 2 of 2021 2022 eacj 23 29 september 2022

Court

EACJ

The East African Court of Justice dismissed an application for interim orders, finding the applicants had not proved irreparable harm or shown the injunction test was met.

• Interim injunctions
• Due process
• Rule of law
• Fair hearing
• Status quo orders
• Bar association governance

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access microfinance bank tanzania limited another vs joel wilson chuma 2022 tzhc 10365 30 june 2022

Court

TZHC

The High Court set aside ex parte interim and execution orders over a pledged motor vehicle, holding that the district court acted with material irregularity.

• Ex parte interim orders
• Revisionary jurisdiction
• Due process
• Injunctions
• Execution of court orders
• Civil-procedure

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mbowe and others v attorney general of the united republic of tanzania 2022 eacj 4 25 march 2022

Court

EACJ

The EACJ partly allowed a challenge to Tanzania’s Political Parties (Amendment) Act 2019, striking down several provisions for violating Treaty principles.

• Freedom of association
• Democracy
• Rule of law
• Good governance
• Political party regulation
• Discrimination

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