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Tanzania decisions
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The High Court dismissed a constitutional petition as incompetent, finding defective affidavits and holding that one pleaded constitutional issue fell outside the statutory scope.
The applicant failed to demonstrate sufficient interest and an arguable case for judicial review, as he was not directly affected and the process of street naming was completed. Leave cannot be granted where no material grounds exist.
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The Court held that Reckya Madougou, having given a mandate ad litem to the main applicant, is not a third party to the proceedings. Her interests are already represented in the main application, and thus she cannot be admitted as an intervenor under Rule 61. The application for intervention is therefore inadmissible.
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The applicant failed to establish sufficient interest and an arguable or prima facie case, which are conditions precedent for the grant of leave to apply for judicial review. The allegations against the Registrar were speculative and not substantiated, and claims against BAKWATA were raised without joining it as a party. The application was therefore unmeritorious and dismissed.
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The High Court dismissed a land appeal, holding the appellant lacked standing to claim the disputed land because he neither owned it nor pleaded to be an administrator.
The High Court granted leave to appeal in a foreign-judgment registration dispute, finding the proposed appeal raised arguable issues under the Reciprocal Enforcement of Foreign Judgments Act.
Only Kouadio Kobena Fory is the proper applicant as his wife and children are indirect or vicarious victims and do not have standing as applicants in this case.
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Whether a petition is frivolous or vexatious is a matter of fact requiring evidence and cannot be determined as a pure point of law through a preliminary objection. The objection raised does not meet the threshold for a preliminary objection and is therefore dismissed.
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The African Court held that a Malian trade union lacked standing because it was not an NGO with observer status before the African Commission, so the application was dismissed for lack of jurisdiction.
Only Kouadio Kobena Fory has standing as applicant; his spouse and children are indirect victims and not considered applicants. The case title must be amended to reflect this.
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