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Tanzania Case Law

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International law hossou and another c republique du benin requete n 0162020 2021 afchpr 10 2 decembre 2021

hossou and another c republique du benin requete n 0162020 2021 afchpr 10 2 decembre 2021

Court
TANZLII

The Court held that the declaration under Article 34(6) is a unilateral and optional act by States, grounded in the principle of sovereignty, and may be withdrawn at any time. The Court therefore lacks material jurisdiction to adjudicate the application challenging Benin's withdrawal of its declaration.

Source excerpt

  • Withdrawal of declaration
  • Jurisdiction of international courts
  • Access to justice
  • Sovereignty of states
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International law east africa law society v attorney general of united republic of tanzania and another reference 1 of 2019 2020 eacj 16 25 november 2020

east africa law society v attorney general of united republic of tanzania and another reference 1 of 2019 2020 eacj 16 25 november 2020

Court
EACJ

The Court held that Article 24 of the Treaty provides two alternative routes for judicial appointment: either fulfilling national conditions for high judicial office or being a jurist of recognized competence. Justice Mjasiri qualified under the latter. The Treaty does not prescribe a uniform nomination process, leaving it to Partner States' discretion. No Treaty violation occurred as the required qualifications were met and the process did not breach Articles 6 or 7. The Second Respondent's obligation was limited to verifying qualifications under Article 24, and there was no obligation to es…

Source excerpt

  • Judicial appointments
  • Treaty interpretation
  • Sovereignty of states
  • Transparency and accountability
  • Public participation
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International law shirima v ag of burundi and ors application 11 of 2016 2017 eacj 112 6 july 2017

shirima v ag of burundi and ors application 11 of 2016 2017 eacj 112 6 july 2017

Court
EACJ

The applicant failed to demonstrate irreparable injury or a prima facie case warranting an interlocutory injunction. The court has jurisdiction to interpret alleged violations of the Treaty, but the application did not meet the threshold for injunctive relief. The supporting affidavit's minor defect did not render the application incompetent. No restraining orders were justified as the EPA process was not imminent and the Summit had already paused further signatures.

Source excerpt

  • Treaty interpretation
  • Jurisdiction of regional courts
  • Interlocutory injunctions
  • Economic partnership agreements
  • Sovereignty of states
  • Cause of action
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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.