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Constitutional law Tanzania Women Lawyers Associatiojn vs Hon Minister for Legal Constituion Affairs Another Misc Civil Application No 32 of 2023 2024 TZHC 1246 2 April 2024

Tanzania Women Lawyers Associatiojn vs Hon Minister for Legal Constituion Affairs Another Misc Civil Application No 32 of 2023 2024 TZHC 1246 2 April 2024

Court
TZHC

The High Court had already determined the legality of the Minister's public notice and the government's compliance with court orders in Mary Barnaba Mushi v AG. Re-litigating the same issues renders the court functus officio and without jurisdiction. The application for judicial review is therefore dismissed as the matter is res judicata and the court is barred from entertaining it.

Source excerpt

  • Judicial review
  • Functus officio
  • Rule of law
  • Separation of powers
  • Compliance with court orders
  • Minimum age of marriage
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Constitutional law mary barnaba mushi vs attorney general 2023 tzhc 18309 14 june 2023

mary barnaba mushi vs attorney general 2023 tzhc 18309 14 june 2023

Court
TZHC

There is no confusion regarding the minimum age of marriage for a girl child, which is 18 years as declared by the Court of Appeal. The ongoing nationwide consultations by the executive are not the correct approach and undermine the judiciary's authority. Sections 13 and 17 of the Law of Marriage Act, having not been amended within the one-year period directed by the court, are redundant and no longer have legal effect. However, the court declined to make a declaration of contempt or halt the consultation exercise, instead directing the Attorney General to comply with the court decisions with…

Source excerpt

  • Minimum age of marriage
  • Judicial authority
  • Separation of powers
  • Contempt of court
  • Legislative process
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Constitutional law attorney general vs rebeca z gyumi 2019 tzca 348 23 october 2019

attorney general vs rebeca z gyumi 2019 tzca 348 23 october 2019

Court
TZCA

Sections 13 and 17 of the Law of Marriage Act are unconstitutional as they discriminate between girls and boys regarding the minimum age of marriage, violating Articles 12 and 13 of the Constitution and international obligations; the Law of Marriage Act overrides customary and Islamic law in matters it regulates; the High Court correctly found the provisions unconstitutional and properly gave the government time to amend the law.

Source excerpt

  • Discrimination
  • Minimum age of marriage
  • Equality before the law
  • Child rights
  • Statutory interpretation
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Human rights law apdf and another v mali application no 0462016 2018 afchpr 9 11 may 2018

apdf and another v mali application no 0462016 2018 afchpr 9 11 may 2018

Court
TANZLII

Mali's Family Code violates international obligations by setting the minimum age of marriage for girls below 18, failing to guarantee free and full consent to marriage before religious ministers, discriminating against women and children born out of wedlock in inheritance, and perpetuating harmful traditional practices, contrary to the Maputo Protocol, CEDAW, and the African Charter on the Rights and Welfare of the Child.

Source excerpt

  • Minimum age of marriage
  • Consent to marriage
  • Inheritance rights
  • Discrimination against women and children
  • Harmful traditional practices
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.