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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peter odiwuor ngoge ta op ngoge associates advocates v attorney general of republic of kenya application no 37 of 2022 arising from reference no12 of 2022 2024 ea

Court

EACJ

The Court lacks jurisdiction ratione materiae because the Applicant's claims pertain to the African Charter and the African Commission, which are outside the scope of the Treaty. The Court also lacks jurisdiction ratione temporis as the Reference was filed more than five years after the Applicant became aware of the alleged violation, exceeding the two-month limitation period under Article 30(2) of the Treaty.

Source excerpt

• Jurisdiction
• Time limitation
• Consolidation of proceedings
• Interpretation of treaty
• State responsibility

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lidho and others v republic of cote divoire application 0412016 2023 afchpr 21 5 september 2023

Court

TANZLII

The Respondent State violated Articles 4, 7(1)(a), 16, 24, and 9(1) of the African Charter by failing to prevent the dumping of toxic waste, inadequately investigating and prosecuting those responsible, failing to provide effective remedies and compensation to all victims, not ensuring adequate medical care and information, and not fully remediating the environmental damage. The State’s actions and omissions breached its obligations to respect, protect, and fulfil the rights to life, health, environment, information, and effective remedy. The compensation programme and remedial measures were…

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• Right to life
• Right to health
• Right to environment
• Right to information
• Right to effective remedy
• Toxic waste dumping

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mornah v republic of benin application no 0282018 2022 afchpr 22 22 september 2022

Court

TANZLII

The Court found that the Respondent States did not individually or collectively violate the right to self-determination of the Sahrawi people under Article 20 of the Charter. The admission of Morocco to the AU was a decision of the AU Assembly, not attributable to individual States. There was no evidence of wrongful acts or omissions by Respondent States amounting to a breach of their obligations under the Charter. The Court held that the Respondent States' support for diplomatic efforts and lack of specific measures did not constitute a violation, and no causal link was established between t…

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• Right to self-determination
• State responsibility
• African charter on human and peoples’ rights
• Obligation erga omnes
• Admissibility
• Jurisdiction

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yayi v republic of benin application no 0232019 2022 afchpr 27 22 september 2022

Court

TANZLII

The African Court struck out Thomas Boni Yayi’s application after he asked to discontinue the case and the Respondent State filed no objection.

• Right to life
• Right to liberty and security
• Right to fair trial
• State responsibility
• Discontinuance of proceedings
• Discontinuance-of-proceedings

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attorney general of rwanda v union trade centre ltd and others appeal 10 of 2020 2022 eacj 28 30 august 2022

Court

EACJ

The Appellate Division upheld the UTC Mall dispute, found the company had locus standi, rejected time-bar and jurisdiction challenges, and increased compensation to USD 1,000,000.

• State responsibility
• Jurisdiction
• Locus standi
• Treaty interpretation
• Corporate governance
• Remedies

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makungu v united republic of tanzania application 6 of 2016 2022 afchpr 15 23 june 2022

Court

TANZLII

The African Court awarded reparations to Mgosi Mwita Makungu for Tanzania’s failure to provide court records needed to appeal his conviction.

• Right to fair trial
• Right to non-discrimination
• Right to equal protection
• Reparations
• State responsibility
• Judgment enforcement

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kalali v attorney general of the republic of rwanda reference 2 of 2019 2022 eacj 12 23 june 2022

Court

EACJ

The East African Court of Justice found Rwanda’s border closures, movement restrictions, and denial of entry to Ugandan traders breached the Treaty and Common Market Protocol.

• Border closure
• Freedom of movement
• Treaty obligations
• Common market protocol
• State responsibility
• Border-closure

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attorney general of the republic of kenya v karua waiguru and another intervening 2022 eacj 10 28 february 2022

Court

EACJ

The EACJ does not exercise appellate jurisdiction over national courts but has the mandate to determine whether acts or omissions of state organs, including judicial organs, violate the EAC Treaty. The Reference was filed within the prescribed time limit, and the Trial Court correctly found that the Republic of Kenya, through its Supreme Court, violated the respondent's right to access to justice and the rule of law under the EAC Treaty. The remedies of declaratory relief, compensation, interest, and costs were properly awarded.

Source excerpt

• State responsibility
• Access to justice
• Rule of law
• Jurisdiction of regional courts
• Treaty interpretation
• Electoral disputes

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