Tanzania Case Law

noudehouenou c republique du benin requete no 0202020 2025 afchpr 13 5 fevrier 2025

Court

TANZLII

The application was declared inadmissible because the applicant failed to exhaust available domestic remedies, specifically by not pursuing the Constitutional Court of Benin, and did not demonstrate that the judicial delay in the appeal process was attributable to the State. The Court found no evidence of abnormal prolongation caused by the State or of unavailability or ineffectiveness of domestic remedies.

Source excerpt

• Right to fair trial
• Right to property
• Right to effective remedy
• Exhaustion of domestic remedies
• State responsibility
• Contractual disputes

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noudehouenou c republic of benin requete n0202020 2025 afchpr 3 5 fevrier 2025

Court

TANZLII

The applicant failed to exhaust available and effective domestic remedies, specifically before the Constitutional Court of Benin, and did not demonstrate abnormal prolongation of proceedings attributable to the state; therefore, the application is irreceivable.

Source excerpt

• Right to fair trial
• Right to property
• Right to effective remedy
• Exhaustion of domestic remedies
• State responsibility

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jogoo v united republic of tanzania application no 0142018 2024 afchpr 33 29 november 2024

Court

TANZLII

The African Court reopened pleadings in Ajaye Jogoo v. Tanzania and granted Tanzania 30 days to file its Response, relying on its discretionary powers.

• Right to property
• Right to fair trial
• Jurisdiction of african court
• Procedural extension
• Reopening-pleadings
• Extension-of-time

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nzambimana edouard estate v attorney general of republic of burundi refererence no 23 of 2019 2024 eacj 16 28 november 2024

Court

EACJ

The Applicant, as the estate of Nzambimana Edouard, had locus standi and lawfully acquired the suit property from Ruzizi Company with government approval. The Respondent's repossession of the land without compensation contravened Burundi's Constitution and the Treaty for the Establishment of the East African Community, specifically Articles 6(d) and 7(2), which enshrine good governance and rule of law. The Special Court's decision was invalid as it disregarded the Applicant's rights and failed to provide compensation.

Source excerpt

• Locus standi
• Right to property
• Expropriation
• Good governance
• Rule of law
• Treaty interpretation

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JULIUS KWEBA

Court

TANZLII

The appellants were not paid the requisite compensation for their land, as the payment was made to the second respondent and not to the actual landowners. The first respondent is not entitled to acquire the appellants' land without proper compensation and consultation. The trial tribunal's decision was erroneous and is set aside for the appellants.

Source excerpt

• Compensation for land acquisition
• Land allocation
• Trespass
• Right to property

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letuya and others v republic of kenya ruling application no 0102024 2024 achpr 9 16 october 2024

Court

ACHPR

The African Court dismissed an application by Ogiek applicants against Kenya for lack of personal jurisdiction because Kenya has not filed the Article 34(6) declaration.

• Jurisdiction
• Right to property
• Indigenous rights
• Eviction
• African charter on human and peoples’ rights
• Personal-jurisdiction

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waliss v republic of benin application no 0212018 2024 afchpr 15 3 september 2024

Court

TANZLII

The Court found the application admissible only for the claim against the applicant’s lawyers, but held there was no fair-trial violation and dismissed reparations.

• Right to fair trial
• Right to property
• Exhaustion of local remedies
• Admissibility
• Jurisdiction
• Reparations

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mathias v attorney general of the republic of burundi reference no 242019 2024 eacj 6 27 march 2024

Court

EACJ

The EACJ dismissed a land and Treaty reference by the heirs of Nikobamye Mathias, finding no proven Treaty violation or lawful basis to grant the claimed reliefs.

• Right to property
• Good governance
• Rule of law
• Customary land rights
• Treaty interpretation
• Burundi land law

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democratic republic of the congo v republic of rwanda application no 0072023 2024 afchpr 6 7 march 2024

Court

TANZLII

The African Court dismissed DRC’s request for expedited procedure, holding it could not abridge defence-related time limits, but listed the case for priority handling.

• Expedited procedure
• Right to effective remedy
• Right to life
• Right to dignity
• Prohibition of torture
• Right to liberty

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attorney general of republic of burundi v ngaruko appeal no 12 of 2022 2024 eacj 1 27 february 2024

Court

EACJ

The EACJ Appellate Division partly allowed Burundi’s appeal, upheld jurisdiction, found the title cancellation unlawful, but held the trial court went beyond the claim and remitted the matter.

• Treaty interpretation
• Right to property
• Due process
• Jurisdiction
• Ultra petita
• Compensation

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