Tanzania Case Law

abdallah a mohamed others vs the honourable attorney general others 2022 tzca 758 30 november 2022

Court

TZCA

Section 26(2)(b) of the Parastatal Pensions Act, as amended, does not infringe Article 23 of the Constitution because 'ujira' (remuneration for labour) is distinct from 'pension', and the constitutional protection applies only to remuneration for active employment. The retrospectivity of the provision is not relevant to its constitutionality, and no manifest error or illegality was demonstrated in the prior judgment.

Source excerpt

• Retrospective legislation
• Social security benefits
• Constitutional rights
• Statutory interpretation

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masunga mbegeta others vs the honourable attorney general another 2022 tzca 211 22 april 2022

Court

TZCA

The Court of Appeal of Tanzania granted extension of time to file a review application, finding the applicants had sufficiently accounted for the delay.

• Extension of time
• Review of court decisions
• Pension rights
• Retrospective legislation
• Right to just remuneration
• Extension-of-time

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ac gomez 1997 limited vs treasury registrar 2021 tzhccomd 2035 31 march 2021

Court

TZHCCOMD

The High Court granted leave to appeal, finding arguable issues concerning notice to the Attorney General, arbitration procedure, and retroactive legislation.

• Leave to appeal
• Appellate jurisdiction
• Arbitration
• Attorney general's involvement
• Retrospective legislation
• Leave-to-appeal

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tanzania cigarette company ltd vs the fair competition commission another 2012 tzhc 31 28 september 2012

Court

TZHC

Where adequate statutory remedies exist, including the right to be heard and to appeal under the Fair Competition Act, a petitioner must exhaust those remedies before invoking the jurisdiction of the High Court under the Basic Rights and Duties Enforcement Act. The petition is incompetent as the Petitioner failed to exhaust available remedies under the Fair Competition Act.

Source excerpt

• Exhaustion of statutory remedies
• Right to fair hearing
• Jurisdiction of statutory bodies
• Retrospective legislation
• Separation of powers

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20070911 TZCA Dar es Salaam

Court

TZCA

Section 26(2)(b) of the Parastatal Pensions (Amendment) Act No. 25 of 2001 does not violate Article 23 of the Constitution because 'ujira' (salary) and 'pension' are distinct; the statutory provision is clear and unambiguous, and the presumption against retrospectivity is rebutted. The High Court erred in holding otherwise.

Source excerpt

• Constitutionality of statutory provisions
• Pension rights
• Retrospective legislation
• Interpretation of 'ujira' and 'pension'
• Rule of law

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crdb bank limited vs kilindu 2006 tzca 76 10 july 200

Court

TZCA

The amendment to section 5(2)(d) of the Appellate Jurisdiction Act, 1979 does not apply retrospectively to decisions made before its enactment. The respondent's notice of appeal is not invalid on the basis of the amendment, and the applicant's intention to withdraw the counterclaim is hypothetical and does not constitute a ground for striking out the notice of appeal.

Source excerpt

• Interlocutory orders
• Retrospective legislation
• Notice of appeal
• Withdrawal of counterclaim

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