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Tanzania decisions
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The application is inadmissible because the Applicant failed to exhaust available and effective local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules; the Applicant could have pursued direct action before domestic courts under Tunisian law.
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The application was declared inadmissible because the applicant failed to exhaust local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules. The applicant did not pursue available remedies before the Constitutional Court, and did not demonstrate that the appeal proceedings were unduly prolonged due to State conduct. The Court found it had jurisdiction but dismissed the application for non-exhaustion of local remedies.
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The Court lacks jurisdiction to conduct an appellate merit review of the Supreme Court of Kenya's decisions but retains jurisdiction to address allegations of contravention of Articles 6 and 7 of the Treaty. The preliminary objection is upheld in part and dismissed in part. Reliefs requiring merit review are denied; reliefs relating to Treaty compliance are allowed to proceed.
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The EACJ Appellate Division allowed an appeal over village evictions near Serengeti, set aside the trial judgment, and remitted the case for rehearing.
The applicant failed to satisfy any of the grounds for review under Article 35(3) of the Treaty and Rule 83(3) of the Rules. There was no discovery of new and important matter, no mistake or error apparent on the face of the record, and no injustice demonstrated, as the issues agreed by consent and adopted by the Court sufficiently addressed the applicant's concerns. The application was therefore dismissed.
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The African Court found no violation of the African Charter in Sijaona Chacha Machera’s fair-trial claims and dismissed his request for reparations.
The applicant failed to provide sufficient evidence that a cassation appeal was properly filed, thus did not exhaust local remedies as required by Article 56(5) of the Charter. The application is therefore inadmissible.
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The application was an abuse of court process because the issue of representation had already been determined by the Trial Court in Application No. 24 of 2020, which was not appealed. The Applicant was estopped from raising the same issue by motion. The liquidation process did not affect the ongoing proceedings in which the company was not a debtor, and the cited insolvency law did not apply to the present circumstances.
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The East African Court of Justice dismissed M/S Quick Telecommunication Services’ review application, holding the grounds raised were for appeal, not review.
The EACJ does not exercise appellate jurisdiction over national courts but has the mandate to determine whether acts or omissions of state organs, including judicial organs, violate the EAC Treaty. The Reference was filed within the prescribed time limit, and the Trial Court correctly found that the Republic of Kenya, through its Supreme Court, violated the respondent's right to access to justice and the rule of law under the EAC Treaty. The remedies of declaratory relief, compensation, interest, and costs were properly awarded.
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