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Tanzania decisions
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The EACJ held it had jurisdiction over the reference but dismissed the village councils’ claim for lack of proof that the evictions occurred outside Serengeti National Park.
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.
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The EACJ Appellate Division held that the First Instance Division erred by deciding an unpleaded cause-of-action issue without hearing the parties, and remitted the reference.
The EACJ held that four Tanzanian village councils had standing to bring an application against the Attorney General, and dismissed the preliminary objection.
The Reference was filed 11 years after the alleged occupation of the Applicant's property, far beyond the two-month limitation period prescribed by Article 30(2) of the Treaty. The Applicant's arguments regarding prevention from accessing the property and reliance on Burundian domestic law do not override the clear limitation provision in the Treaty. Consequently, the Reference is time-barred and must be struck out.
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The EACJ refused two applications to appear as amicus curiae, holding that one applicant lacked neutrality and the other failed to show a sufficient interest in the reference.
The EACJ refused interim orders halting Burundi’s land commission, holding the prayers were effectively final and would disrupt an existing statutory regime.
The Applicant failed to prove irreparable injury and the balance of convenience favoured the Respondent, as the impugned activities had largely been implemented and substantial funds expended. The application did not meet the established conditions for grant of an interim injunction.
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Applicants failed to demonstrate irreparable injury and did not satisfy conditions for grant of interlocutory injunction; application dismissed.
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The East African Court of Justice dismissed an interim injunction request to stop Kenya’s constitutional implementation, finding no irreparable harm and no basis for relief.
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