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Tanzania Case Law

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International law kyomuhendo v attorney general of republic of uganda and others reference no 11 of 2020 2024 eacj 15 29 november 2024

kyomuhendo v attorney general of republic of uganda and others reference no 11 of 2020 2024 eacj 15 29 november 2024

The Reference is moot as the DRC has already been admitted as a Partner State. The Court lacks jurisdiction over alleged violations committed by DRC before it became a Partner State. No cause of action is disclosed against the Respondents. Reliefs sought are not tenable.

  • Jurisdiction
  • Admission of partner states
  • Human rights violations
  • Treaty interpretation
  • Mootness
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Civil procedure hamza kondo mtungila vs rehema mussa msaki 2024 tzhc 60 17 january 2024

hamza kondo mtungila vs rehema mussa msaki 2024 tzhc 60 17 january 2024

The application for extension of time was rendered moot by the retrospective amendment to section 5 of the Appellate Jurisdiction Act, which removed the requirement for leave to appeal in such cases. As a result, the application was struck out as incompetent.

  • Extension of time
  • Leave to appeal
  • Retrospective application of procedural law
  • Mootness
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International law east african civil society organizations form v attorney general of the republic of burundi and others appeal 1 of 2020 2021 eacj 34 25 november 2021

east african civil society organizations form v attorney general of the republic of burundi and others appeal 1 of 2020 2021 eacj 34 25 november 2021

The EACJ found that the trial court erred by applying an outdated and restrictive standard for state responsibility for judicial acts. The correct standard is that any act or omission by a state organ, including the judiciary, that breaches international obligations can engage state responsibility. The Constitutional Court of Burundi's decision violated the EAC Treaty, specifically Articles 5(3)(f), 6(d), 7(2), 8(1)(a) and (c), and 8(5). However, due to subsequent constitutional changes and the death of President Nkurunziza, the remedies sought had become moot and could not be granted.

  • State responsibility
  • Treaty interpretation
  • Rule of law
  • Judicial review
  • Mootness
  • Remedies
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Criminal law joyce john mushi vs republic 2021 tzca 684 22 november 2021

joyce john mushi vs republic 2021 tzca 684 22 november 2021

The Court of Appeal struck out this bail appeal as moot after the money laundering count was withdrawn by nolle prosequi during the appeal.

  • Bail pending trial
  • Money laundering
  • Economic offences
  • Withdrawal of charges
  • Nolle prosequi
  • Bail
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Tax law attorney general of the republic of kenya v kioo limited appeal 3 of 2021 2021 eacj 37 8 november 2021

attorney general of the republic of kenya v kioo limited appeal 3 of 2021 2021 eacj 37 8 november 2021

The East African Court of Justice struck out this appeal as moot after the Finance Act 2021 removed the disputed differential tax. Each party was ordered to bear its own costs.

  • Differential tax on imports
  • Effect of legislative change on pending litigation
  • Costs in appellate proceedings
  • Mootness
  • Costs
  • Tax-law
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Human rights law ajavon v republic of benin appltcation no 0272020 2021 afchpr 50 29 march 2021

ajavon v republic of benin appltcation no 0272020 2021 afchpr 50 29 march 2021

The African Court declared Ajavon’s request for provisional measures moot after CRIET convicted him and imposed prison and fines on 1 March 2021.

  • Provisional measures
  • Right to fair trial
  • Right to property
  • Right to adequate housing
  • Provisional-measures
  • Mootness
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Human rights law bocoum v republic of mali 2020 afchpr 17 23 october 2020

bocoum v republic of mali 2020 afchpr 17 23 october 2020

The African Court held that Babarou Bocoum’s request for provisional measures against Mali had become moot after the National Assembly was dissolved.

  • Provisional measures
  • Right to vote
  • Electoral dispute resolution
  • Jurisdiction
  • Mootness
  • Provisional-measures
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Arbitration arusha blooms ltd another vs tib development bank ltd others 2019 tzhc 120 31 october 2019

arusha blooms ltd another vs tib development bank ltd others 2019 tzhc 120 31 october 2019

The High Court dismissed an arbitration-related petition as overtaken by events after the disputed farm had been sold and a certificate of sale issued.

  • Referral to arbitration
  • Receiver's powers
  • Locus standi
  • Preservation of property
  • Overriding objective principle
  • Arbitration
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Human rights law ndagijimana v tanzania application no 0242019 2019 afchpr 37 26 september 2019

ndagijimana v tanzania application no 0242019 2019 afchpr 37 26 september 2019

The African Court dismissed Jean de Dieu Ndajigimana’s request for provisional measures after finding the requested release relief moot because he had already been released to Rwanda.

  • Provisional measures
  • Arbitrary detention
  • Jurisdiction
  • Right to liberty
  • Provisional-measures
  • Mootness
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Constitutional law human rights awareness and promotion forum v ag of uganda and anor reference 6 of 2014 2016 eacj 133 27 september 2016

human rights awareness and promotion forum v ag of uganda and anor reference 6 of 2014 2016 eacj 133 27 september 2016

The Reference was dismissed as moot because the Anti-Homosexuality Act had been nullified by the Constitutional Court of Uganda, removing any live controversy. The Court found no sufficient proof of general public importance to warrant departure from the mootness doctrine and declined to usurp the legislative function of the Parliament of Uganda.

  • Mootness
  • Justiciability
  • Treaty interpretation
  • Legislative function
  • Public interest exception
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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.