Tanzania Case Law

judgment Maganya New

Court

TANZLII

The High Court's jurisdiction to hear and determine constitutional petitions is strictly limited by statutory timelines. The ninety-day period for hearing and determination starts from the date of assignment by the Principal Judge or Judge in-charge, not from the date of determination of competence. Once ninety days lapse, the court's jurisdiction ceases by effluxion of time. Rule 15(1) of the Rules is inconsistent with Section 10 of the Basic Rights and Duties Enforcement Act and must be amended to conform to the parent law.

Source excerpt

• Jurisdiction
• Statutory interpretation
• Subsidiary legislation
• Time limits
• Constitutional challenge

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fikiri liganga another vs the attorney general another 2018 tzhc 120 5 april 2018

Court

TZHC

The petition is barred by res judicata as the issues raised were previously determined in Zephrine Nyalugenda Galeba v. Attorney General & Tanganyika Law Society, which was a public interest litigation binding all members of Tanganyika Law Society, including current petitioners. The petitioners claim under the same title and are covered by the prior judgment. The petition is incompetent and cannot be entertained.

Source excerpt

• Res judicata
• Public interest litigation
• Mandatory membership
• Constitutional challenge
• Abuse of process

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20170710 TZHC Dodoma

Court

TZHC

The High Court dismissed a leave application for judicial review of parliamentary suspensions, holding that remedies were not exhausted and the affidavit was incompetent.

• Judicial review
• Parliamentary privilege
• Exhaustion of remedies
• Affidavit competency
• Constitutional challenge
• Judicial-review

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