Tanzania Case Law

pumziko philemonmlelwa 162 others vs the regional commissioner for ruvuma the attorney general 2023 tzhc 22250 1 november 2023

Court

TZHC

The Regional Commissioner did not invent or enact the guidelines but implemented directives issued by the central government ministries. Certiorari and mandamus cannot lie against an officer acting as agent of the state for duties owed to the government. The application is unmeritorious and dismissed.

Source excerpt

• Judicial review
• Certiorari
• Mandamus
• Government guidelines
• Warehouse receipt system
• Farmers' rights

Read case analysis

mariam dawson aswile vs amani aswile mlimba others 2023 tzhc 316 20 february 2023

Court

TZHC

The Probate and Administration of Estates Act [Cap 352] contains sufficient safeguards to protect heirs and beneficiaries. The challenged provisions do not violate Article 24(1) of the Constitution. The mere possibility of abuse does not render the statute unconstitutional. The petitioner's claim fails as the law provides adequate remedies and procedural protections.

Source excerpt

• Constitutionality of probate statutes
• Property rights
• Fiduciary duty
• Administration safeguards

Read case analysis

dabule and others v attorney general of the republic of uganda reference 5 of 2016 2022 eacj 14 21 june 2022

Court

EACJ

The Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty, depriving the Court of jurisdiction to entertain the matter.

Source excerpt

• Time limitation
• Jurisdiction
• Rule of law
• Property rights
• Human rights
• East african community treaty

Read case analysis

hadija hemed vs lugano angetile mwakyosi jengela and 4 others 2021 tzhclandd 832 17 november 2021

Court

TANZLII

The High Court held that the mortgaged property was not proved to be matrimonial property, so no spousal consent was required and the bank’s auction was lawful.

• Matrimonial property
• Mortgage validity
• Spousal consent
• Public auction
• Fraud
• Property rights

Read case analysis

koutche v republic of benin application no 0202019 2021 afchpr 43 25 june 2021

Court

TANZLII

The application is inadmissible because the applicant failed to exhaust available and effective domestic remedies before the national courts of Benin. The proceedings before the relevant courts were ongoing at the time of filing, and the applicant did not demonstrate that remedies were unduly prolonged or unavailable. The political context and alleged lack of judicial independence did not exempt the applicant from the exhaustion requirement. The language used in the application was not found to be disparaging.

Source excerpt

• Exhaustion of local remedies
• Right to fair trial
• Judicial independence
• Political rights
• Freedom of movement
• Property rights

Read case analysis

hellena kususya vs dennis mathew mabubu and 2 others 2020 tzhclandd 3952 14 december 2020

Court

TANZLII

The High Court of Tanzania held that the mortgage of matrimonial properties was a nullity for want of the plaintiff’s consent and granted an injunction.

• Mortgage of matrimonial property
• Spouse consent
• Injunction
• Property rights
• Mortgage-of-matrimonial-property
• Spouse-consent

Read case analysis

union trade centre v attorney general of the republic of rwanda reference 10 of 2013 2020 eacj 14 26 november 2020

Court

EACJ

The Respondent State's actions of taking over and auctioning the UTC mall were illegal, violated Treaty principles of rule of law, accountability, transparency, and property rights, and are attributable to the State under international law. The Reference was not time-barred, the Applicant had locus standi, and the Respondent was properly sued. Restitution was impossible, so compensation and accountability for proceeds were ordered.

Source excerpt

• State responsibility
• Rule of law
• Property rights
• Treaty interpretation
• Corporate locus standi
• Due process

Read case analysis

director of public prosecutions vs mateso albano kasianchupi 2020 tzhc 4205 18 november 2020

Court

TZHC

The trial court properly exercised sentencing discretion considering mitigating factors and respondent's guilty plea; section 84(1) allows discretion and does not mandate the minimum fine. The confiscation and forfeiture order was illegal due to lack of specificity and non-compliance with statutory procedures.

Source excerpt

• Sentencing discretion
• Confiscation and forfeiture
• Plea of guilty
• Minimum sentencing
• Property rights

Read case analysis

niyongabo and others v attorney general of the republic of burundi reference 4 of 2017 2020 eacj 25 16 june 2020

Court

EACJ

The EACJ held it had jurisdiction and the claim was timely, but dismissed the Reference after finding no proven violation of rule of law or property rights.

• Jurisdiction of regional courts
• Rule of law
• Property rights
• Res judicata
• Exhaustion of local remedies
• Due process

Read case analysis

ololosokwan village council and others v attorney general of the united republic of tanzania 2018 eacj 128 25 september 2018

Court

EACJ

The EACJ granted interim relief to village councils in Tanzania, halting evictions and police harassment pending a reference over disputed land and access to justice.

• Interim injunctions
• Eviction
• Access to justice
• Property rights
• Wildlife conservation
• Abuse of court process

Read case analysis