Tanzania Case Law

RULING ON COMPETENCY OF PETITION JOHN SEKA VS ATTORNEY GENERAL FINAL NEW

Court

TANZLII

The petition is incompetent because the petitioner failed to show in his affidavit of admissibility how he is personally affected by the impugned subsidiary legislation, as required by section 4(2) of BRADEA, following the 2020 amendment. The requirement is mandatory and not satisfied by mere public interest claims or by citing Article 26(2) of the Constitution. The court's jurisdiction is impaired by this noncompliance, and the petition must be struck out.

Source excerpt

• Locus standi
• Constitutional petition procedure
• Electoral law
• Subsidiary legislation
• Public interest litigation

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t ports authority another vs leighton offshore pte ltd 2024 tzhccomd 12 23 february 2024

Court

TZHCCOMD

Applicants failed to establish sufficient cause for non-appearance as reasons advanced were either unproven, unsupported by evidence, or amounted to negligence. The court found that summons had been duly served and that the applicants had ample opportunity to act but failed to do so. Thus, the application to set aside the ex parte judgment was dismissed for want of merit.

Source excerpt

• Setting aside ex parte judgment
• Sufficient cause
• Negligence in appearance
• Public interest litigation

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misc No

Court

TANZLII

The petition is incompetent as the petitioner failed to establish locus standi by not showing in the affidavit how his rights were personally affected, contrary to section 4(2) of BRADEA. The Parliament is a necessary party to the proceedings and its non-joinder is a fatal defect. The supporting affidavit contains legal arguments and opinions, rendering it incurably defective. The petition is struck out.

Source excerpt

• Locus standi
• Necessary parties
• Affidavit requirements
• Public interest litigation
• Local government elections
• Independent electoral commission

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RULING ALPHA NAMATA RULING FINAL NEW

Court

TANZLII

Section 16(7) of the Local Government Finance Act is clear and unambiguous; it exempts entities paying service levy from produce cess but does not exempt those paying produce cess from service levy. The Council's collection of service levy is lawful and does not amount to double taxation or violate Article 138(1) of the Constitution.

Source excerpt

• Double taxation
• Interpretation of tax statutes
• Service levy
• Produce cess
• Public interest litigation

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mpale kaba mpoki vs the honourable attorney general another 2023 tzhc 22374 17 october 2023

Court

TZHC

The petition is dismissed as the matter is now res judicata, not res sub judice, because Miscellaneous Civil Cause No. 07 of 2023 has been conclusively determined. The issues in both cases are directly and substantially the same, and both are public interest litigation. The joining of the 2nd Respondent does not violate Section 4(4) as the petition was not brought under the Basic Rights and Duties Enforcement Act.

Source excerpt

• Res sub judice
• Res judicata
• Tenure of chief justice
• Public interest litigation

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meczedeck maganya vs the attorney general others 2023 tzhc 21704 2 october 2023

Court

TZHC

The petition is barred by the doctrine of res judicata because the issues raised regarding the constitutionality and process of the Intergovernmental Agreement between Tanzania and the Emirate of Dubai were directly and substantially in issue in a prior public interest litigation (Misc. Civil Cause No. 5 of 2023), which was finally determined by a competent court. As a judgment in rem, it binds all members of the public, including the current petitioner. The High Court therefore lacks jurisdiction to re-determine the same issues.

Source excerpt

• Res judicata
• Public interest litigation
• Enforcement of fundamental rights
• Jurisdiction
• International agreements
• Public procurement

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tanzania women lawyers association vs hon minister for constitutional and legal affairs another 2023 tzhc 19134 18 july 2023

Court

TZHC

The applicant demonstrated sufficient interest as a stakeholder and invitee in the process of amending the Law of Marriage Act, with objectives aligned to gender equality and rule of law. The court held that technical rules of locus standi should not prevent associations from bringing matters of public law to court, especially at the leave stage. The application for leave was therefore granted.

Source excerpt

• Locus standi
• Leave for judicial review
• Rule of law
• Independence of judiciary
• Public interest litigation

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sioi graham solomon vs icbc standard bank plc others 2023 tzhc 19121 10 july 2023

Court

TZHC

The High Court dismissed a constitutional petition for lack of locus standi, holding the petitioner failed to show personal contravention or grantable relief.

• Locus standi
• Public interest litigation
• Enforcement of constitutional rights
• Voidable contracts
• Locus-standi
• Public-interest-litigation

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mary barnaba mushi vs attorney general 2023 tzhc 17410 15 may 2023

Court

TZHC

The High Court sitting as a single judge lacks jurisdiction to determine petitions premised on violations of basic rights and duties under Articles 12 to 29 of the Constitution; such petitions must be heard by a panel of three judges as mandated by section 10 of BRADEA.

Source excerpt

• Jurisdiction
• Constitutionality of statute
• Marital rape
• Discrimination
• Public interest litigation

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Misc Civil Cause No 08 of 2023 Fredrick Mboma vs The Attorney General

Court

TANZLII

The petition is res judicata as the issues raised were already determined in Alphonce Lusako's case, involving the same parties under the same public interest title. Since the petition was not heard on the merits, the proper remedy is to strike it out, not dismiss it.

Source excerpt

• Res judicata
• Public interest litigation
• Constitutionality of intergovernmental agreements
• Striking out vs dismissal

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