Tanzania Case Law

MISC CIVIL CAUSE NO 1948 OF 2025 NEW

Court

TANZLII

The applicant failed to establish an arguable case because he did not provide the alleged resignation letter or sufficient proof of its effectiveness. Without this critical document, the court could not determine whether there was a genuine and justiciable issue warranting judicial intervention. Judicial review is discretionary and requires clear, sufficient grounds, which were not met in this application.

Source excerpt

• Prerogative orders
• Mandamus
• Prohibition
• Vacancy of public office
• Resignation of vice president
• Leave for judicial review

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FINAL RULING LEAVE KOREAN COMMUNITY SERVICE VS CG TRA NEW

Court

TANZLII

The applicant satisfied all six legal criteria for leave to apply for judicial review, including establishment of a prima facie case, sufficient interest, timely filing, decision by a public body, exhaustion of remedies, and good faith. The compounding order is final and unappealable, making judicial review the appropriate remedy.

Source excerpt

• Leave for judicial review
• Certiorari
• Mandamus
• Compounding of offences
• Tax administration
• Customs management

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ms sispa sa vs the public procurement appeals authority 4 others 2024 tzhc 471 23 february 2024

Court

TZHC

The application is not barred by res judicata as the prior case involved different parties and issues, and was not conclusive of the present matter. The applicant has locus standi, filed within time, and established an arguable case. Certiorari is a sufficient remedy at this stage. Leave is therefore granted.

Source excerpt

• Leave for judicial review
• Certiorari
• Res judicata
• Locus standi
• Tender process
• Discretion of court

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COSCO SHIPPING CORPORATION

Court

TANZLII

The applicant demonstrated locus standi, timely filing, sufficient interest, and a prima facie case; thus, leave to apply for judicial review is granted.

Source excerpt

• Leave for judicial review
• Certiorari
• Jurisdiction
• Natural justice

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AGRICO RULLING

Court

TANZLII

The application was struck out because the applicant failed to attach the impugned decision, which is a mandatory precondition for leave to apply for judicial review. Without the decision, the court could not determine if there was a prima facie case or sufficient interest.

Source excerpt

• Leave for judicial review
• Attachment of impugned decision
• Right to be heard
• Procedural requirements

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TIMOTHY GASPER MUGEREZA VS GAMING BOARD OF TANZANIA OTHERS MCA NO

Court

TANZLII

The applicant established arguable grounds for judicial review, filed within the prescribed time, and demonstrated sufficient interest. The application for leave to apply for judicial review is meritorious and is granted.

Source excerpt

• Leave for judicial review
• Natural justice
• Certiorari
• Mandamus
• Procedural impropriety

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tanzania women lawyers association vs hon minister for constitutional and legal affairs another 2023 tzhc 19134 18 july 2023

Court

TZHC

The applicant demonstrated sufficient interest as a stakeholder and invitee in the process of amending the Law of Marriage Act, with objectives aligned to gender equality and rule of law. The court held that technical rules of locus standi should not prevent associations from bringing matters of public law to court, especially at the leave stage. The application for leave was therefore granted.

Source excerpt

• Locus standi
• Leave for judicial review
• Rule of law
• Independence of judiciary
• Public interest litigation

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salaaman health services vs tanzania insurance regulatory authority others 2022 tzhc 12340 31 august 2022

Court

TZHC

The applicant established sufficient interest and an arguable case as the letter from the 1st respondent had the potential to negatively impact its business. The application was filed promptly and there was no alternative remedy available. All conditions for leave were met, justifying the grant of leave for judicial review.

Source excerpt

• Leave for judicial review
• Certiorari
• Prohibition
• Sufficient interest
• Alternative remedy

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phinas abamwesiga kalokola vs his his excellence the president of the united republic of tanzania and 2 others 2021 tzhc 5520 29 july 2021

Court

TZHC

The application is incompetent for suing a wrong party (the President) and for want of fresh leave after previous application was struck out; proceedings must be brought against the Attorney General and fresh leave is mandatory.

Source excerpt

• Prerogative orders
• Leave for judicial review
• Suing public officials
• Extension of time

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cheavo juma mshana vs tanapa and 2 others 2021 tzhc 2254 18 february 2021

Court

TZHC

The High Court granted leave for judicial review over the compounding of cattle for alleged park grazing, finding an arguable case and sufficient interest.

• Leave for judicial review
• Prerogative orders
• Compounding offences
• Natural justice
• Judicial-review
• Leave-to-apply

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