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Tanzania decisions
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Appellants failed to establish locus standi as they neither claimed ownership nor demonstrated sufficient interest in the reserved land; reliefs sought require proof of lawful ownership, which was not pleaded or proven. Tribunal was justified in striking out the suit for lack of standing.
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The High Court of Tanzania refused a temporary injunction sought to stop eviction of cattle from Sakaya Natural Forest Reserve, prioritizing environmental protection.
The East African Court of Justice dismissed a reference over the Kibiro geothermal project because the supporting affidavit was defective and the filing was incompetent.
The High Court dismissed a Mareva injunction application over disputed land near Tarangire National Park, finding delay, no entitlement, and environmental concerns.
The limitation period for filing a Reference under Article 30(2) of the Treaty commenced with the signing of the Memorandum of Understanding in July 2021, which constituted the relevant action. The Reference, filed on 10th June 2022, was therefore time-barred. The Court lacks jurisdiction ratione temporis to entertain the Reference and Application.
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The High Court dismissed most plaintiffs’ land claims, finding no lawful allocation or adverse possession against public village land, and ordered a phased vacating of protected areas.
The Court found that the Ogiek are an indigenous population entitled to special protection. Kenya violated their rights under Articles 1, 2, 8, 14, 17(2) and (3), 21, and 22 of the African Charter by failing to recognize their status, forcibly evicting them from ancestral lands without consultation or compensation, denying them access to cultural and religious sites, and excluding them from development processes. The Court held that these actions were not justified by public interest or environmental protection and ordered Kenya to take remedial measures.
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The suit is not maintainable as the plaintiffs failed to obtain leave of the court before instituting a representative suit, rendering the suit incompetent in law.
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The EACJ Appellate Division upheld most of an environmental ruling on the Serengeti road proposal, but allowed the appeal on the issue of whether a mere proposal was justiciable.
The initial proposal by the Respondent to construct a bitumen standard road across the Serengeti National Park would have caused irreversible environmental harm and violated Articles 5(3)(c), 8(1)(c), 111(2), and 114(1) of the EAC Treaty. The Court has jurisdiction to grant declaratory and injunctive relief to prevent such violations, and the Applicant has locus standi under Article 30(1) of the Treaty.
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