Tanzania Case Law

blue line enterprises vs east african development bank 2023 tzhc 17476 5 may 2023

Court

TZHC

The court lacks jurisdiction to entertain the application for execution against the East African Development Bank because the Bank enjoys absolute immunity from legal process in all cases arising out of the exercise of its lending powers, as established by Article 44 of its Charter and affirmed by the Court of Appeal. The application is therefore dismissed.

Source excerpt

• Execution of decrees
• Immunity of international organizations
• Limitation of actions

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yusuph haruni adamu vs country representative unhcr tanzania 2016 tzca 2036 25 october 2016

Court

TZCA

UNHCR, as a listed international organization, enjoys absolute immunity from suit and legal process in Tanzania, and since no waiver has been granted by the UN Secretary-General, all proceedings and orders against it in the lower courts are quashed and set aside.

Source excerpt

• Immunity of international organizations
• Privileges and immunities
• Enforcement of judgments
• Remedies against un entities

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sebalu v secretary general of the east african community reference 8 of 2012 2013 eacj 141 22 november 2013

Court

EACJ

The East African Court of Justice held that failure to implement an earlier judgment and taxed costs was contempt, but rejected the challenge to revisions of the draft protocol.

• Contempt of court
• Implementation of court orders
• Jurisdiction of regional courts
• Treaty interpretation
• Immunity of international organizations
• Contempt-of-court

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20130530 TZCA Dar es Salaam

Court

TZCA

Court of Appeal dismissed a review application challenging its earlier ruling on East African Development Bank immunity from execution, res judicata, waiver, and bias.

• Immunity of international organizations
• Enforcement of arbitral awards
• Jurisdiction
• Res judicata
• Review of judgments
• Garnishee proceedings

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Civil Application No 21 of 2012 2013 Blueline Enterprises limited vs East African Development bank

Court

TANZLII

The application for review was dismissed because the applicant failed to establish any manifest error on the face of the record resulting in a miscarriage of justice. The Court held that the East African Development Bank enjoys absolute immunity from execution and legal process under the amended Act and Charter, including immunity over its bank accounts. The Court found no waiver of immunity, no valid claim of bias, and no applicability of res judicata or issue estoppel due to changes in the law. The application was an impermissible attempt to re-argue the appeal, which is not the function of…

Source excerpt

• Immunity of international organizations
• Enforcement of arbitration awards
• Jurisdiction
• Res judicata
• Waiver of immunity
• Natural justice

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african development bank eastern southern african trade vs ms east african development bank another 2012 tzca 117 19 march 2012

Court

TZCA

The Court of Appeal struck out two consolidated applications because the applicants cited the wrong provisions when seeking joinder as interested parties.

• Joinder of parties
• Immunity of international organizations
• Proper citation of legal provisions
• Appellate procedure
• Joinder-of-parties
• Appellate-procedure

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african development bank others vs ms east african another 2012 tzca 131 19 march 2012

Court

TZCA

The applications are incompetent because the applicants failed to cite the specific and proper provision (Rule 109(1) of the Court of Appeal Rules 2009) that confers jurisdiction on the Court to grant the relief sought. Citing inapplicable provisions renders the applications fatally defective.

Source excerpt

• Joinder of parties
• Immunity of international organizations
• Proper citation of legal provisions
• Court procedure

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east african development bank vs blueline enterprises limited 2011 tzca 52 28 december 2011

Court

TZCA

The East African Development Bank, by virtue of Articles 44 and 45 of its Charter as amended by the Finance Act No. 13 of 2005, enjoys absolute immunity from every form of legal process, including execution proceedings, in cases arising out of the exercise of its lending powers. This immunity extends to all assets, including money held in bank accounts. The High Court erred in limiting immunity to physical assets and in failing to recognize the effect of the amended statutory provisions. The doctrine of res judicata does not bar the claim of immunity because the current proceedings are based…

Source excerpt

• Immunity of international organizations
• Execution of judgments
• Interpretation of statutes
• Res judicata

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20111222 TZCA Dar es Salaam

Court

TZCA

The East African Development Bank, by virtue of Articles 44 and 45 of its Charter as incorporated into Tanzanian law, enjoys absolute immunity from all forms of legal process, including execution, in cases arising from its lending powers. This immunity extends to all its assets, including money held in bank accounts. The High Court erred in limiting immunity to physical assets and in entertaining execution proceedings before a final judgment by the highest court. The plea of res judicata does not apply as the legal basis for immunity changed with the 2005 amendment.

Source excerpt

• Immunity of international organizations
• Execution of judgments
• Interpretation of statutes
• Res judicata

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Civil Revision No

Court

TANZLII

PAPU, as an international organization under Tanzanian law, enjoys immunity from suit and legal process, including attachment and execution of its property, unless there is an express waiver, which did not occur in this case. The High Court's orders for attachment and execution were therefore illegal and must be set aside.

Source excerpt

• Diplomatic immunity
• Execution of arbitral awards
• Immunity of international organizations

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