Tanzania Case Law

prof chepkwony v attorney general of the republic of kenya applicationno 192023 2024 eacj 4 27 march 2024

Court

EACJ

The Applicant failed to provide any objective evidence or reasonable basis to support allegations of bias or conflict of interest against Justice Charles Nyachae. The timing and nature of the application suggested an abuse of process. The presumption of judicial impartiality was not rebutted, and the threshold for recusal was not met.

Source excerpt

• Recusal of judges
• Judicial impartiality
• Bias in judicial proceedings
• Costs

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golden globe international services another vs millicom tanzania nv another 2017 tzca 193 23 june 2017

Court

TZCA

The Court of Appeal of Tanzania refused to recuse itself, finding the applicants' bias allegations unsubstantiated and consistent with delay tactics.

• Recusal of judges
• Apparent bias
• Judicial impartiality
• Review proceedings
• Recusal-of-judges
• Apparent-bias

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20170620 TZCA Dar es Salaam

Court

TZCA

The allegations of bias and irregularity raised by the applicants were found to be unsubstantiated, flimsy, and amounting to delaying tactics. There was no real possibility of bias or breach of impartiality by the panel. The law and public policy require that, as far as practicable, the same panel hears the review application. Therefore, the panel declined to recuse itself.

Source excerpt

• Recusal of judges
• Apparent bias
• Judicial impartiality
• Review proceedings

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issack mwamasika others vs crdb bank limited 2016 tzca 546 19 september 2016

Court

TZCA

A judge should not recuse himself at the judgment stage based on an anonymous text message from a non-party; recusal must be prompted by a party to the proceedings and based on real, not imaginary, grounds. The trial judge erred in disqualifying himself for flimsy reasons, and the recusal order is set aside.

Source excerpt

• Recusal of judges
• Judicial bias
• Procedure for disqualification
• Appellate review

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blueline enterprises limited vs east african development bank 2013 tzca 171 16 may 2013

Court

TZCA

The Court of Appeal of Tanzania rejected an application to refer a review to a Full Bench and refused recusal of the panel, finding the requests were untimely and suggested forum shopping.

• Recusal of judges
• Forum shopping
• Judicial impartiality
• Review of court decisions
• Recusal-of-judges
• Forum-shopping

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ag of kenya v nyongo and ors application 5 of 2007 2007 eacj 1 6 february 2007

Court

EACJ

The EACJ dismissed Kenya’s recusal application, holding that no reasonable apprehension of bias was shown and the prior ruling would stand.

• Judicial impartiality
• Recusal of judges
• Bias
• Natural justice
• Review of court orders
• Judicial-impartiality

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