Tanzania Case Law

MISC CIVIL CAUSE NO 10803 OF 2024 NEW

Court

TANZLII

The petitioner failed to demonstrate that the impugned provisions of the Advocates Act create institutional bias, discrimination, or breach the independence and self-regulation of the Tanganyika Law Society. The composition and roles of the Attorney General, judiciary, and public bar in the disciplinary committees are consistent with constitutional principles and commonwealth practices. Any potential conflict or bias can be resolved administratively, not by constitutional invalidation. The petition is dismissed in its entirety.

Source excerpt

• Constitutionality of statutory provisions
• Disciplinary process for advocates
• Equality before the law
• Discrimination
• Independence of professional bodies

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centre for human rights institute for human rights and development in africa et legal and human rights centre c republique unie de tanzanie requete n 0192018 2024

Court

TANZLII

It is in the interest of justice to grant the respondent State a 45-day extension to file its response, reopen the written procedure, and postpone the public hearing, with strict adherence to the new deadline; the request for costs will be considered with the merits.

Source excerpt

• Discrimination
• Right to life
• Torture
• Trafficking in persons
• Access to justice
• Vulnerable groups

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REV NO 11134 OF 2024 MUSTANSIR GULAM HUSSEIN TRADING VRS GILBERT VALENTINE

Court

TANZLII

The applicant unlawfully withheld the respondent's salary without written consent, creating intolerable working conditions amounting to constructive and unfair termination. However, there was no evidence of discrimination, and the compensation awarded by the Arbitrator was excessive and not fully justified by the respondent's contribution to his termination. The award is revised to 12 months' salary, withheld salaries, salary for days worked in October 2020, three months' salary in lieu of notice, and severance pay for one year.

Source excerpt

• Constructive dismissal
• Discrimination
• Unlawful salary deduction
• Severance pay
• Compensation for unfair termination

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centre for human rightschr institute for human rights and development in africaihrda legal and human rights centre lhrc v united republic of tanzania application

Court

TANZLII

In the interests of justice, and given the absence of any pleadings from the Respondent State and the complexity of the legal issues concerning the rights of persons with albinism, the Court grants the Respondent State forty-five days to file its response and reopens the pleadings, postponing the public hearing accordingly.

Source excerpt

• Discrimination
• Right to life
• Freedom from torture
• Prohibition of human trafficking
• Rights of persons with albinism
• Access to justice

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REV NO 15409 OF 2024 RONALD NAKAKA VRS TOUCH FOUNDATION TANZANIA

Court

TANZLII

The applicant failed to prove that the working conditions were intolerable or that the respondent breached the employment contract. The evidence did not support claims of discrimination or constructive termination. The resignation was not the last resort, and the employer had addressed the grievances administratively.

Source excerpt

• Constructive termination
• Discrimination
• Employment contract
• Breach of contract
• Internal grievance mechanisms

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nestory paulo rugarabamu v 2023 tzhc 23233 8 december 2023

Court

TZHC

The preliminary objection regarding failure to attach drawn order and ruling to the amended memorandum of appeal was not a pure point of law, as its determination required evidence; the requirement to attach drawn order applies to original memorandum, not amended memorandum filed by court order; MHOLA's capacity to represent men is not restricted by its constitution due to statutory prohibition of discrimination; the tribunal erred in striking out the application based on lack of documentary proof of MHOLA's capacity.

Source excerpt

• Preliminary objection
• Legal aid representation
• Discrimination
• Amended memorandum of appeal

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nestroy paulo rugarabamu vs katty katega and another 2023 tzhc 22354 3 november 2023

Court

TZHC

The High Court dismissed preliminary objections against a land appeal, holding that legal aid under section 21 does not need a court certificate and that non-notification caused no prejudice.

• Locus standi
• Legal aid representation
• Discrimination
• Procedural compliance
• Legal-aid
• Locus-standi

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mary barnaba mushi vs attorney general 2023 tzhc 17410 15 may 2023

Court

TZHC

The High Court sitting as a single judge lacks jurisdiction to determine petitions premised on violations of basic rights and duties under Articles 12 to 29 of the Constitution; such petitions must be heard by a panel of three judges as mandated by section 10 of BRADEA.

Source excerpt

• Jurisdiction
• Constitutionality of statute
• Marital rape
• Discrimination
• Public interest litigation

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atb investment company ltd vs husna haroun nkya 2023 tzhc 1255 28 april 2023

Court

TZHC

The High Court upheld a CMA award finding an employment relationship, unfair retrenchment, and discrimination, and dismissed the employer’s revision application.

• Unfair termination
• Employment relationship
• Discrimination
• Compensation
• Retrenchment procedures
• Employment-relationship

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msumbi estate ltd vs esther charanga 2023 tzhcld 1253 28 april 2023

Court

TANZLII

The High Court set aside a CMA award, holding that a fixed-term employment contract ended automatically on expiry and there was no proven unfair termination or discrimination.

• Unfair termination
• Fixed term contract
• Discrimination
• Expectation of renewal
• Retrenchment
• Pregnancy discrimination

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