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Tanzania Case Law

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Human rights law mwombeki c republique unie de tanzanie requete n 0302018 2024 afchpr 26 13 novembre 2024

mwombeki c republique unie de tanzanie requete n 0302018 2024 afchpr 26 13 novembre 2024

Court
TANZLII

The applicant failed to demonstrate any manifest error or violation of his rights in the domestic proceedings; the evidence was corroborated, the courts considered all arguments, and no substantiated proof of inhuman treatment or denial of equal protection was provided. Thus, no violation of Articles 3(2), 5, or 7(1) of the African Charter was established.

Source excerpt

  • Right to a fair trial
  • Right to equal protection of the law
  • Right to dignity
  • Exhaustion of domestic remedies
  • International jurisdiction
  • Compensation for human rights violations
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Human rights law paul et baedan mbouke faustinc v republique de cote divoire requete n 0192020 2023 afchpr 27 5 septembre 2023

paul et baedan mbouke faustinc v republique de cote divoire requete n 0192020 2023 afchpr 27 5 septembre 2023

Court
TANZLII

The State violated the applicants’ right to be judged within a reasonable time and to the execution of a judicial decision by failing to ensure timely enforcement of the compensation judgment. Other alleged violations (right to information, dignity, equality, non-discrimination) were not established as the applicants had access to information, were ultimately compensated under the law, and did not demonstrate differential or degrading treatment.

Source excerpt

  • Expropriation
  • Right to a fair trial
  • Right to information
  • Right to dignity
  • Equality before the law
  • Non-discrimination
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Human rights law noudehouenou v republic of benin application no 0322020 2022 afchpr 24 22 september 2022

noudehouenou v republic of benin application no 0322020 2022 afchpr 24 22 september 2022

Court
TANZLII

The Applicant did not exhaust the available and effective remedy of civil appeal against the judgment of the Cotonou Court of First Instance. The presence of legal representation imposed a duty to pursue such remedies. The Application is therefore inadmissible for non-exhaustion of local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules.

Source excerpt

  • Exhaustion of local remedies
  • Right to property
  • Right to equality before the law
  • Right to a fair trial
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Human rights law abbes v tunisian republic application no 0262028 2022 afchpr 64 23 june 2022

abbes v tunisian republic application no 0262028 2022 afchpr 64 23 june 2022

Court
TANZLII

The Applicant failed to pursue his case with due diligence by not responding to repeated requests for supporting documents and replies, justifying the striking out of the application under Rule 65(1)(b) of the Rules of Court.

Source excerpt

  • Right to participate in public affairs
  • Right to equality before the law
  • Right to a fair trial
  • Judicial impartiality
  • Admissibility of application
  • Procedural diligence
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Human rights law mwita c republique unie de tanzanie requete n 0122019 2022 afchpr 45 1 decembre 2022

mwita c republique unie de tanzanie requete n 0122019 2022 afchpr 45 1 decembre 2022

Court
TANZLII

The Court held that the mandatory imposition of the death penalty for murder under Tanzanian law violates the right to life (Article 4) because it deprives judges of discretion to consider mitigating circumstances, resulting in arbitrary deprivation of life. The Court further found that the mode of execution (hanging) and prolonged detention on death row constitute cruel, inhuman, and degrading treatment, violating the right to dignity (Article 5). The Court also found a violation of the right to be tried within a reasonable time (Article 7(1)(d)) due to unjustified delay between arrest and t…

Source excerpt

  • Right to life
  • Right to dignity
  • Right to a fair trial
  • Mandatory death penalty
  • Cruel and inhuman punishment
  • Judicial discretion
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Human rights law iguna c republique unie de tanzanie requete n 0422020 2022 afchpr 43 1 decembre 2022

iguna c republique unie de tanzanie requete n 0422020 2022 afchpr 43 1 decembre 2022

Court
TANZLII

The applicant failed to demonstrate any manifest error or denial of justice in the assessment of evidence by national courts, nor did he prove discrimination. The application was deemed filed within a reasonable time given the applicant's circumstances, including incarceration and limited access to information. No violation of Articles 2 or 7(1) of the African Charter was established.

Source excerpt

  • Right to a fair trial
  • Non-discrimination
  • Death penalty
  • Procedural admissibility
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Human rights law fory c republique de cote divoire requete n 0342017 2021 afchpr 8 2 decembre 2021

fory c republique de cote divoire requete n 0342017 2021 afchpr 8 2 decembre 2021

Court
TANZLII

The Court found that the applicant's right to be tried within a reasonable time was violated, as his cassation appeal remained undecided for over 20 years, constituting an abnormally long delay attributable to the respondent state. The Court held that the applicant was not required to exhaust domestic remedies under these circumstances and awarded moral damages to the applicant and his family.

Source excerpt

  • Right to a fair trial
  • Reasonable time for judgment
  • Exhaustion of domestic remedies
  • Moral damages
  • State responsibility
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Human rights law kone c republique du mali requete n 0012021 2021 afchpr 12 2 decembre 2021

kone c republique du mali requete n 0012021 2021 afchpr 12 2 decembre 2021

Court
TANZLII

The applicant failed to provide evidence of discriminatory treatment or denial of a fair trial. The domestic courts examined the facts and legal issues thoroughly, and the applicant had access to all available remedies. No manifest error or procedural unfairness was established. Therefore, no violation of the applicant's rights under the Charter was found.

Source excerpt

  • Right to equality before the law
  • Right to equal protection of the law
  • Right to a fair trial
  • Dénonciation calomnieuse (false accusation)
  • Civil and criminal liability
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Human rights law rashidi c republica unida da tanzania processo n 0092015 2019 afchpr 10 28 marco 2019

rashidi c republica unida da tanzania processo n 0092015 2019 afchpr 10 28 marco 2019

Court
TANZLII

The applicant's detention and deportation were unlawful as he held valid documentation of lost passport and was entitled to a reasonable expectation of legal residence. The anal inspection constituted cruel, inhuman, and degrading treatment, violating dignity and physical integrity. The delay of over six years in judicial proceedings was excessive and violated the right to be tried within a reasonable time. The application was admissible as remedies were not accessible and the time taken to file was reasonable given the circumstances.

Source excerpt

  • Right to residence
  • Freedom of movement
  • Right to dignity
  • Right to a fair trial
  • Detention and deportation
  • Reparations
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Human rights law gombert c republica da cote divoire processo n 0382016 2018 afchpr 4 22 marco 2018

gombert c republica da cote divoire processo n 0382016 2018 afchpr 4 22 marco 2018

Court
TANZLII

The application is inadmissible because the same matter was previously resolved by the ECOWAS Court of Justice, satisfying the requirements of Article 56(7) of the African Charter. The conditions for identity of parties, identity of claims, and a prior decision on the merits were met. The ECOWAS Court addressed the same alleged violations under the same legal instruments, and thus the African Court cannot re-examine the case.

Source excerpt

  • Right to a fair trial
  • Equality before the law
  • Effective remedy
  • Admissibility of petitions
  • Res judicata
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.