Tanzania Case Law

peter odiwuor ngoge ta op ngoge associates advocates v attorney general of republic of kenya application no 36 of 2022 arising from reference no 55 of 2022 2024 e

Court

EACJ

The Court held it has jurisdiction to entertain the Reference as allegations of Treaty infringement were raised, and exhaustion of local remedies is not required. However, the Applicant failed to demonstrate irreparable harm that could not be compensated by damages, and sought to stay non-existent orders (taxation of costs yet to be filed), amounting to an abuse of process. Therefore, the application for interim orders was dismissed.

Source excerpt

• Jurisdiction of eacj
• Interim injunctions
• Exhaustion of local remedies
• Interpretation of treaty provisions
• Irreparable harm
• Costs

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sigei v secretary general of the east african community appeal 3 of 2022 2023 eacj 9 30 may 2023

Court

EACJ

The appeal was dismissed because the claim was time barred under Regulation 104 of the EAC Staff Rules and Regulations, as it was brought more than 12 months after the expiry of the relevant employment contract. The Court held it lacked jurisdiction ratione temporis to entertain the claim, and the Appellant's reliance on Article 31 of the Treaty was misplaced for an expired contract.

Source excerpt

• Employment contract
• Jurisdiction
• Limitation period
• Remedies
• Interpretation of treaty provisions

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ngugi and others v secretary general of the east african community consolidated applications 4 of 2019 2022 eacj 32 29 november 2022

Court

EACJ

The Court lacks jurisdiction ratione temporis as the claims were filed outside the 12-month limitation period prescribed by Regulation 104 of the EAC Staff Rules and Regulations. Claims for arrears of salary and gratuity are covered by Regulation 104, and none of the Claimants' claims were brought within the required timeframe.

Source excerpt

• Jurisdiction
• Limitation of actions
• Employment contracts
• Interpretation of treaty provisions

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east african law society v secretary general of the east african community 2022 eacj 5 25 march 2022

Court

EACJ

The court dismissed a challenge to the 39th Council meeting’s quorum and upheld its resolutions, finding no treaty breach over the Ad hoc EAC Service Commission.

• Quorum of council meetings
• Powers of council of ministers
• Establishment of community institutions
• Interpretation of treaty provisions
• Eacj
• Treaty-interpretation

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lukwiya v attorney general of the republic of uganda and another 2018 eacj 126 27 november 2018

Court

EACJ

The Reference was dismissed as time-barred because it was filed outside the two-month period prescribed by Article 30(2) of the EAC Treaty, and the Court has no power to disregard this limitation even in cases of alleged continuing violations.

Source excerpt

• Jurisdiction of regional courts
• Exhaustion of domestic remedies
• Time-barred claims
• Interpretation of treaty provisions
• Human rights violations
• Extra-judicial rendition

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nijimbere v secretary genral of the east african community appeal 1 of 2016 2016 eacj 68 23 march 2016

Court

EACJ

The respondent did not breach Articles 6(d), 6(e), 71(h) of the Treaty or Regulation 20(7) of the Staff Rules; the appellant was treated equally, failed to provide cogent reasons or evidence for special dispensation, and voluntarily opted out of the interview. The Trial Court's judgment complied with procedural and substantive requirements, and the claim for damages was not properly pleaded.

Source excerpt

• Good governance
• Equal opportunity
• Gender equality
• Procedural fairness
• Interpretation of treaty provisions
• Staff regulations

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walusumbi and ors v ag of republic uganda reference 8 of 2013 2015 eacj 80 27 february 2015

Court

EACJ

The EACJ held it had jurisdiction over the challenge, but dismissed the Reference, finding South Sudan’s admission process did not violate the Treaty.

• Admission of new member states
• Jurisdiction of eacj
• Interpretation of treaty provisions
• Human rights standards in regional integration
• Eacj-jurisdiction
• Treaty-interpretation

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komu v attorney general of the republic of tanzania 2014 eacj 144 26 september 2014

Court

EACJ

The National Assembly of Tanzania violated Article 50(1) of the EAC Treaty by making political parties the sole basis for EALA elections and by allowing a non-parliamentary party to field a candidate, contrary to the Treaty’s requirement for broader representation. However, there is no guarantee of representation for any particular party, and the principle of proportional representation as argued by the Applicant is not mandated by Article 50(1). The Reference was not frivolous, vexatious, or barred by res sub-judice.

Source excerpt

• Interpretation of treaty provisions
• Proportional representation
• Election rules
• Jurisdiction of regional courts
• Res sub judice
• Standing orders of parliament

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ndayizamba v attorney general of the republic of burundi and another 2014 eacj 149 28 february 2014

Court

EACJ

The EACJ dismissed the Reference as time-barred under Article 30(2) of the EAC Treaty, rejecting a continuing violation argument.

• Jurisdiction of eacj
• Time-bar under article 30(2) eac treaty
• Arbitrary detention
• Interpretation of treaty provisions
• East-african-court-of-justice
• Treaty-interpretation

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nyambura v attorney general of republic of uganda and others reference 11 of 2011 2014 eacj 1 24 february 2014

Court

EACJ

The Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty. The Applicant was aware of the acts complained of by 18 September 2010 but filed the Reference on 30 December 2011. The Court has no jurisdiction to extend or waive the limitation period. Consequently, the Reference is time-barred and must be dismissed.

Source excerpt

• Jurisdiction of eacj
• Time limitation under treaty
• Interpretation of treaty provisions
• State obligations under eac treaty
• Human rights violations
• Role of lawyers

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