Tanzania Case Law

nzambimana edouard estate v attorney general of republic of burundi refererence no 23 of 2019 2024 eacj 16 28 november 2024

Court

EACJ

The Applicant, as the estate of Nzambimana Edouard, had locus standi and lawfully acquired the suit property from Ruzizi Company with government approval. The Respondent's repossession of the land without compensation contravened Burundi's Constitution and the Treaty for the Establishment of the East African Community, specifically Articles 6(d) and 7(2), which enshrine good governance and rule of law. The Special Court's decision was invalid as it disregarded the Applicant's rights and failed to provide compensation.

Source excerpt

• Locus standi
• Right to property
• Expropriation
• Good governance
• Rule of law
• Treaty interpretation

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juba airport city park limited v attorney general of the republic of south sudan reference no172020 2024 eacj 2 26 march 2024

Court

EACJ

The Court lacks jurisdiction over acts committed before South Sudan became a member of the EAC, and the Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty. The Applicant was aware of the expropriation since 2011 and failed to file within the required timeframe.

Source excerpt

• Jurisdiction
• Limitation of actions
• Non-retroactivity of treaties
• Expropriation
• Land law

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ruzizi sa v attorney general of the republic of burundi reference no 7 of 2019 2023 eacj 16 28 november 2023

Court

EACJ

The EACJ held that RUZIZI S.A.’s Reference was filed one day late under Article 30(2) of the Treaty and dismissed it as time-barred.

• Jurisdiction
• Locus standi
• Limitation periods
• Expropriation
• Compensation
• Corporate existence

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paul and another v republic of cote divoire application 0192020 2023 afchpr 27 5 september 2023

Court

TANZLII

The African Court found Côte d’Ivoire violated the Applicants’ rights to a fair hearing in reasonable time and to enforcement of a compensation judgment.

• Expropriation
• Right to fair trial
• Right to compensation
• Right to dignity
• Equality before the law
• Non-discrimination

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paul et baedan mbouke faustinc v republique de cote divoire requete n 0192020 2023 afchpr 27 5 septembre 2023

Court

TANZLII

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.

Source excerpt

• Expropriation
• Right to a fair trial
• Right to information
• Right to dignity
• Equality before the law
• Non-discrimination

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edward joseph mpali others vs capital development authority 2016 tzhc 2263 14 november 2016

Court

TZHC

The High Court granted leave for a representative suit, holding the applicants were numerous, shared a common compensation claim, and had authority to sue.

• Representative suits
• Compensation for expropriated land
• Common interest requirement
• Representative-suits
• Civil-procedure
• Land-compensation

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noca v congo communication 286 of 2004 2012 achpr 10 22 october 2012

Court

ACHPR

The DRC violated Articles 3, 7.1(c), and 14 of the African Charter by depriving the complainant of his property through administrative misconduct and issuance of a title deed based on repealed laws, without public interest or compensation, and by denying the complainant the right to a fair hearing and equality before the law in judicial proceedings.

Source excerpt

• Right to property
• Equality before the law
• Right to fair hearing
• Expropriation
• Due process
• Restitution

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ivorian human rights movement v cote divoire communication 262 of 2002 2008 achpr 84 22 may 2008

Court

ACHPR

The African Commission found Côte d’Ivoire’s rural land law violated equality and property rights, and held local remedies were unavailable to the NGO complainant.

• Discrimination
• Right to property
• Expropriation
• Equality before the law
• Right-to-property
• Equality-before-the-law

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19810908 TZHC Mbeya

Court

TZHC

The Primary and District Courts had jurisdiction as the land was not registered under the Land Registration Ordinance. The village council could not expropriate land without compensation for improvements. Restoration of the shamba was inappropriate as the respondent was not a member of the registered village, but compensation for paddy and cashewnut trees was affirmed.

Source excerpt

• Expropriation
• Compensation for improvements
• Village land allocation
• Jurisdiction of primary courts

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19810908 TZHC Mbeya

Court

TZHC

The High Court upheld compensation for paddy and cashewnut trees after a village council took the respondent’s shamba, but declined restoration of the land.

• Expropriation
• Jurisdiction
• Compensation for improvements
• Village land allocation
• Land-compensation
• Village-council-power

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