Tanzania Case Law

jacquline westring others vs the attorney general another 2023 tzhc 19122 11 july 2023

Court

TZHC

The petition is frivolous because the alleged discrimination in Regulation 9(1) of the Immigration Regulations has been cured by amendment (GN No. 541 of 2015) replacing 'wife' with 'spouse', and section 39(1) of the Immigration Act, when read with the Interpretation of Laws Act, includes both genders. There is no inconsistency between the principal Act and the subsidiary legislation, and the petition lacks legal basis.

Source excerpt

• Gender discrimination
• Subsidiary legislation
• Statutory interpretation
• Basic rights enforcement

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geofrey watson mwakasege vs tanganyika law society and the attorney general 2022 tzhc 11064 19 july 2022

Court

TZHC

The petition is incompetent for failing to exhaust the remedy of judicial review as required by section 8(2) and 4(5) of the Basic Rights and Duties Enforcement Act; subsidiary legislation must be challenged through judicial review, not constitutional petition.

Source excerpt

• Challenge to subsidiary legislation
• Judicial review
• Exhaustion of remedies
• Basic rights enforcement

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christopher bagen vs attorney general 2021 tzhc 5535 13 july 2021

Court

TZHC

The High Court dismissed a constitutional petition by a death-row prisoner, holding it was frivolous, vexatious, and an abuse of process after review remedies were exhausted.

• Basic rights enforcement
• Right to equality
• Right to fair hearing
• Right to appeal
• Abuse of court process
• Basic-rights-enforcement

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CIVIL APPEAL NO 382 OF 2021 FREEMAN AIKAEL MBOWE VS THE DIRECTOR OF PUBLIC PROSECUTION 2 OTHERS

Court

TANZLII

The appellant's complaints concern alleged abuses of statutory procedures, not constitutional violations per se; effective remedies exist under ordinary laws, making the petition premature for want of exhaustion of available remedies; High Court correctly struck out the petition.

Source excerpt

• Exhaustion of remedies
• Judicial review
• Basic rights enforcement
• Fair trial
• Detention procedures

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rev dr john mahene others vs registered trustees of the evangelistic assemblies of god tanzania eagt others 2018 tzhc 124 29 may 2018

Court

TZHC

The petitioners had alternative remedies available and their dispute, being a private law matter concerning the internal constitution of a religious body, did not warrant invocation of the Constitutional Court's jurisdiction. There was no cause of action against the 2nd and 3rd respondents, and the petition was improperly before the court.

Source excerpt

• Exhaustion of remedies
• Cause of action
• Jurisdiction
• Basic rights enforcement

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20180224 TZCA Dar es Salaam 1

Court

TZCA

The certificate of delay was invalid due to errors and omissions, making the appeal incompetent and subject to being struck out for being filed out of time.

Source excerpt

• Certificate of delay
• Appeal timelines
• Exhaustion of remedies
• Basic rights enforcement

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omary shabani nyambu vs permanent secretary ministry of deffence others 2018 tzca 575 23 february 2018

Court

TZCA

The appeal was incompetent because the certificate of delay was invalid, failing to specify the correct period to be excluded, and thus the appeal was filed out of time.

Source excerpt

• Basic rights enforcement
• Certificate of delay
• Appeal timelines
• Exhaustion of remedies

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20160329 TZCA Dar es Salaam

Court

TZCA

Civil proceedings cannot be used to nullify ongoing criminal proceedings; the High Court lacks jurisdiction to enforce basic rights in this manner. The action taken by the appellants was not sanctioned by Section 4 of the Basic Rights and Duties Enforcement Act. The petition was misconceived and properly dismissed.

Source excerpt

• Presumption of innocence
• Media influence
• Mistrial
• Jurisdiction
• Basic rights enforcement

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20150818 TZHC Arusha

Court

TZHC

The petition was not maintainable as the petitioner failed to exhaust adequate alternative remedies available before the subordinate court and under the Criminal Procedure Act. The High Court's jurisdiction is limited where such remedies exist, and the petition was deemed frivolous and vexatious.

Source excerpt

• Basic rights enforcement
• Jurisdiction
• Adequate alternative remedy
• Frivolous and vexatious litigation

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20101018 TZHC Dar es Salaam

Court

TZHC

The petition was struck out as incompetent for failure to cite specific provisions of law and for being brought under an inapplicable statute. Additionally, the petition was found to be frivolous, vexatious, and an abuse of court process, as it was based on baseless allegations and political propaganda rather than legal grounds.

Source excerpt

• Jurisdiction
• Frivolous and vexatious litigation
• Abuse of process
• Election law
• Basic rights enforcement

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