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Tanzania decisions
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Applicants were detained at Central Police Station for more than 24 hours without bail or arraignment, violating statutory and constitutional provisions; such detention is unlawful and warrants release or arraignment.
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The High Court lacks jurisdiction to entertain a habeas corpus application where the applicant's detention is based on disciplinary matters, not criminal allegations, and administrative remedies have not been exhausted.
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The applicants failed to establish that they are in the custody of the respondents; there is no sufficient proof of detention by the police. Therefore, the court cannot order their production or release under habeas corpus at this stage. However, the court directs the police to investigate the applicants' whereabouts due to the seriousness of the allegations and the state's duty to protect citizens.
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The application is struck out because the supporting affidavit is incurably defective for containing legal arguments, hearsay evidence, and an improper verification clause, rendering the application incompetent.
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The High Court held that Dominick Mayega’s habeas corpus application was overtaken by events after he was arraigned and charged with murder.
The High Court struck out a criminal miscellaneous application as incompetent because it combined habeas corpus relief with refugee-status requests under different legal regimes.
The Court of Appeal dismissed a habeas corpus appeal, holding that the appellant failed to prove he was arrested by police or held in the respondents’ custody.
The High Court dismissed a habeas corpus application, holding that the applicant’s detention was lawful under deportation and detention orders issued by the Minister for Home Affairs.
The African Court found Libya violated the Charter by detaining individuals without trial, without prompt judicial review, and without access to counsel.
The applicant's detention and deportation were lawful exercises of the Minister's statutory powers under the Immigration Act, as his residence permit had expired and his stay was unlawful. The Regional Court of Zanzibar's order did not invalidate the Minister's orders, and the applicant failed to establish that the statutory powers were invalidly exercised.
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