Tanzania Case Law

JOHN SEKA

Court

TANZLII

The High Court lacks jurisdiction to entertain the application for leave for judicial review because the applicant's core challenge is constitutional in nature and must be pursued under BRADEA before the constitutional court. Additionally, the issues raised regarding the legality and validity of the impugned regulations have already been conclusively determined in Bob Chacha Wangwe and Others v. The Minister of the President's Office, Regional Administration and Local Government, rendering the application res judicata.

Source excerpt

• Judicial review
• Res judicata
• Jurisdiction
• Constitutionality of subsidiary legislation
• Local government elections

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misc No

Court

TANZLII

The petition is incompetent as the petitioner failed to establish locus standi by not showing in the affidavit how his rights were personally affected, contrary to section 4(2) of BRADEA. The Parliament is a necessary party to the proceedings and its non-joinder is a fatal defect. The supporting affidavit contains legal arguments and opinions, rendering it incurably defective. The petition is struck out.

Source excerpt

• Locus standi
• Necessary parties
• Affidavit requirements
• Public interest litigation
• Local government elections
• Independent electoral commission

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ezekiel kabonge mshingo vs the national election commission nec and 4 others 2021 tzhc 3787 28 june 2021

Court

TZHC

The High Court dismissed a judicial review challenge to a councillor seat vacancy, holding that unresolved citizenship findings justified the by-election process.

• Judicial review
• Disqualification of elected officials
• Citizenship
• Local government elections
• Judicial-review
• Local-government-elections

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20161208 TZHC Mwanza

Court

TZHC

The High Court dismissed an appeal from an election petition, holding the district court lacked jurisdiction because the disputed vote was not a local government election.

• Jurisdiction of courts
• Election petitions
• Local government elections
• Preliminary objections
• Jurisdiction
• Election-petitions

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20161109 TZHC Arusha

Court

TZHC

The High Court allowed a local election appeal, holding that the trial court failed to properly assess residency evidence and election-rule compliance.

• Local government elections
• Natural justice
• Qualification of candidates
• Right to be heard
• Election petitions
• Election-law

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John Seka v Minister of State in President Office Local Government Authorities and AG Ruling on PO

Court

TANZLII

The petition is incompetent as it is barred by res judicata due to the Court of Appeal's decision in Mtikila No. 3, which settled the issue of independent candidates in Tanzanian elections. The High Court is not functus officio in relation to the previous judicial review application, but the matter is not justiciable as the legal question has already been conclusively determined. The petition cannot proceed as it seeks to relitigate an issue already settled by a superior court.

Source excerpt

• Res judicata
• Functus officio
• Independent candidates
• Local government elections
• Subsidiary legislation
• Public interest litigation

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