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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Hamisi Swaihiba Misc Civil Application No 4285

Court

TANZLII

The application is incompetent as there is no decision by the second or third respondents subject to judicial review, and the dispute arises from a contractual relationship for which judicial review is not the proper remedy.

Source excerpt

• Judicial review
• Prerogative orders
• Mandamus
• Certiorari
• Prohibition
• Contractual disputes

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RULING Leleshi Ratu vs

Court

TANZLII

The applicant demonstrated an arguable case regarding the legality of the seizure and fining of his cattle, sufficient interest as a recurrently affected party, and timely filing within the prescribed period. Leave to apply for judicial review for an order of prohibition is therefore granted.

Source excerpt

• Judicial review
• Prerogative orders
• Prohibition
• By-laws enforcement
• Livestock seizure
• Fines

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MISC

Court

TANZLII

The High Court of Tanzania overruled a preliminary objection that a judicial review leave application was time-barred, holding the filing was within the six-month limit.

• Judicial review
• Limitation of actions
• Electronic filing
• Certiorari
• Prohibition
• Judicial-review

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Odero Charles Odero vs National Council for NonGovernmental Organizations Others Misc Civil Cause No 12602 of 2024 2024 TZHC 5492 4 June 2024

Court

TZHC

Application for leave to seek judicial review. The court held no urgency was established, declined interim stay, and fixed a short timetable for responses.

• Judicial review
• Mandamus
• Certiorari
• Prohibition
• Urgency in proceedings
• Judicial-review

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RULING RAAWYA HERMOHAMED VS WAZIR MASHIR SOCIAL WELFARE FINAL

Court

TANZLII

The applicants met the legal threshold for leave by filing within time, demonstrating sufficient interest, and raising an arguable case regarding the lawfulness of the respondents' actions in halting investigations, handing over the victim, and failing to arrest the suspect. The absence of a final decision by the IGP does not preclude the existence of an arguable case, and no statutory remedy requiring exhaustion was shown to exist.

Source excerpt

• Judicial review
• Leave to apply for judicial review
• Mandamus
• Certiorari
• Prohibition
• Police investigations

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kera komeyo makeseni 8 others vs kilimanjaro regional commissioner and another 2024 tzhc 237 14 february 2024

Court

TZHC

There was no formal order or declaration by the 1st respondent alienating the applicants’ land; the 1st respondent merely informed villagers about the government’s plan to reaffirm KIA boundaries, which is within his statutory powers. The applicants failed to provide admissible evidence of a quashable order or declaration. Therefore, the conditions for granting certiorari and prohibition were not met.

Source excerpt

• Judicial review
• Certiorari
• Prohibition
• Land acquisition
• Natural justice
• Jurisdiction

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NIC

Court

TANZLII

Leave is granted as the application was filed within extended time, applicants have sufficient interest, and an arguable case is established for judicial review.

Source excerpt

• Judicial review
• Certiorari
• Mandamus
• Prohibition
• Natural justice
• Right to be heard

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RULING ODERO C

Court

TANZLII

Applicant failed to prove sufficient interest by not producing documentary evidence of NGO existence and membership. As all criteria for leave must be cumulatively satisfied, failure to prove one condition renders the application meritless.

Source excerpt

• Judicial review
• Ngo regulation
• Sufficient interest
• Mandamus
• Certiorari
• Prohibition

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Misc

Court

TANZLII

The applicant has demonstrated an arguable case, sufficient interest, and compliance with the statutory time limit. Leave to apply for judicial review is granted as the prerequisites are met.

Source excerpt

• Judicial review
• Prerogative writs
• Leave to apply
• Certiorari
• Mandamus
• Prohibition

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