Tanzania Case Law

paul emmanuel kilasa kisabo vs the attorney general 2023 tzhc 15914 7 march 2023

Court

TZHC

The Court held that Article 118(2)(c) of the Constitution, when read together with Articles 110A and 120A and relevant legislation, provides an adequate and constitutionally compliant procedure for the removal of the Chief Justice. The President's power to remove the Chief Justice is not absolute or arbitrary but is subject to constitutional safeguards applicable to justices of appeal. The applicant's fears of abuse are speculative and do not warrant judicial intervention or constitutional amendment. The petition was found to lack merit and was dismissed.

Source excerpt

• Removal of chief justice
• Separation of powers
• Security of tenure
• Presidential powers

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parmanent secretary establishments another vs hila hamed rashid others 2004 tzca 54 4 october 2004

Court

TZCA

The President's power to terminate police officers is governed specifically by the PFPSC Act, which does not recognize 'retirement in public interest'; thus, the respondents' termination was unlawful and they are entitled to damages.

Source excerpt

• Termination of employment
• Presidential powers
• Public service
• Damages for wrongful termination
• Statutory interpretation

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james funke gwagilo vs the attorney general 2003 tzca 24 4 february 2003

Court

TZCA

The appellant cannot succeed on grounds not pleaded or left for the court's decision; the retirement was not unlawful as pleaded, and the prosecution was not malicious as reasonable and probable cause existed.

Source excerpt

• Unlawful retirement
• Malicious prosecution
• Pleadings
• Presidential powers

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NA

Court

TANZLII

Unpleaded grounds regarding retirement cannot be considered; appellant failed to prove absence of reasonable and probable cause or malice in prosecution; pleadings bind parties and issues must be properly raised and amended.

Source excerpt

• Unlawful retirement
• Malicious prosecution
• Pleadings
• Presidential powers
• Government liability

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hon attorney general vs lesinoi ndeinai joseph laizer and 2 others 1980 tzca 20 23 july 1980

Court

TZCA

The Court of Appeal upheld habeas corpus relief, holding that the Vice-President could act for the President, but the detention orders were invalid for lack of the Public Seal.

• Preventive detention
• Presidential powers
• Delegation of executive authority
• Habeas corpus
• Public seal requirement
• Ouster of jurisdiction

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