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Tanzania Case Law

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Administrative law MOHAMED JABRI SUNDAY Vs

MOHAMED JABRI SUNDAY Vs

The application failed because the applicant did not establish an arguable case or sufficient interest, as the issue of ownership of the disputed plot was unresolved and not within the jurisdiction of the current proceedings. Only the timeliness condition was met, which is insufficient as all three conditions must be satisfied cumulatively.

  • Judicial review
  • Prerogative orders
  • Demolition of structures
  • Standing (locus standi)
  • Limitation periods
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Administrative law north mara gold mine limited vs minister of state vice presidents office union environmenta and another 2024 tzhc 742 7 march 2024

north mara gold mine limited vs minister of state vice presidents office union environmenta and another 2024 tzhc 742 7 march 2024

The applicant has demonstrated sufficient interest, an arguable case, and the absence of an operational alternative remedy; leave to apply for judicial review is granted.

  • Judicial review
  • Right to be heard
  • Exhaustion of alternative remedies
  • Standing (locus standi)
  • Environmental penalties
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Administrative law alexander j barunguza vs the honourable attorney general another 2023 tzhc 17764 9 may 2023

alexander j barunguza vs the honourable attorney general another 2023 tzhc 17764 9 may 2023

The application was dismissed because the applicant failed to establish a prima facie case, did not demonstrate sufficient personal interest, and had alternative remedies available. The allegations were unproven, and the applicant was not directly affected by the appointment. The court found no basis to grant leave for judicial review.

  • Judicial review
  • Standing (locus standi)
  • Alternative remedies
  • Appointment of judges
  • Prerogative orders
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Administrative law legal and human rights centre vs minister for finance and planning others 2022 tzhc 14055 18 october 2022

legal and human rights centre vs minister for finance and planning others 2022 tzhc 14055 18 october 2022

The High Court granted leave for judicial review over a levy on electronic money transactions, finding an arguable case, sufficient interest, and prompt filing.

  • Judicial review
  • Certiorari
  • Prohibition
  • Ultra vires
  • Standing (locus standi)
  • Electronic money levy
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Administrative law odero charles odero vs the minister for finance and planning and anoher 2021 tzhc 6311 8 september 2021

odero charles odero vs the minister for finance and planning and anoher 2021 tzhc 6311 8 september 2021

The High Court struck out a judicial review leave application after finding the supporting affidavit defective because key paragraphs contained hearsay, opinions, and conclusions.

  • Judicial review
  • Affidavit requirements
  • Preliminary objection
  • Standing (locus standi)
  • Judicial-review
  • Affidavit-requirements
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Civil procedure mbidde v attorney general of burundi and another application 6 of 2018 2018 eacj 77 24 april 2018

mbidde v attorney general of burundi and another application 6 of 2018 2018 eacj 77 24 april 2018

The application for leave to intervene is properly before the Court as the grounds of the application sufficiently contain the Applicant's statement of interest, satisfying Rule 36(2)(e). The Applicant, as a Member of EALA who participated in the impugned election, has a direct and immediate interest in the Reference. The procedural objections raised by the First Respondent do not warrant denial of leave to intervene. The Applicant may be represented in his personal capacity by private counsel. The defective affidavit of the First Respondent is expunged from the record, but this does not affe…

  • Intervention (joinder)
  • Standing (locus standi)
  • Interpretation of procedural rules
  • Representation before international courts
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International human rights law falana v african union application no 0012011 2012 afchpr 5 26 june 2012

falana v african union application no 0012011 2012 afchpr 5 26 june 2012

The African Court held it lacked jurisdiction over Femi Falana’s application against the African Union because the AU is not a State Party to the Protocol.

  • Jurisdiction of international courts
  • Access to justice
  • Interpretation of treaties
  • Standing (locus standi)
  • Exhaustion of local remedies
  • Jurisdiction
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International human rights law falana v african union application no 0012011 2011 afchpr 52 26 june 2011

falana v african union application no 0012011 2011 afchpr 52 26 june 2011

The Court held that it lacks jurisdiction to hear the application because the Protocol only allows applications by individuals against State Parties that have ratified the Protocol and made the required declaration under Article 34(6). The African Union is not a State Party and cannot be subject to obligations under the Protocol. Therefore, the application falls outside the Court’s jurisdiction ratione personae.

  • Jurisdiction of international courts
  • Access to justice
  • Interpretation of treaties
  • Standing (locus standi)
  • Sovereign immunity
  • Protocol to the african charter on human and peoples’ rights
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Land law Ruling Revision 1

Ruling Revision 1

The District Land and Housing Tribunal lacked jurisdiction to grant the execution order in Application No. 133 of 2020 because the underlying proceedings in Application No. 112 of 2020 had been quashed and ownership of the disputed land remained undetermined. The applicant, though not a party to the original proceedings, had a vested interest and was entitled to seek revision. The execution order was unlawful and must be set aside.

  • Revision
  • Jurisdiction
  • Joinder of parties
  • Execution of orders
  • Standing (locus standi)
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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.