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Tanzania decisions
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The EACJ Appellate Division held that Mironko Francois Xavier’s Reference was time-barred under Article 30(2) of the Treaty and dismissed the appeal.
The Applicant, as the estate of Nzambimana Edouard, had locus standi and lawfully acquired the suit property from Ruzizi Company with government approval. The Respondent's repossession of the land without compensation contravened Burundi's Constitution and the Treaty for the Establishment of the East African Community, specifically Articles 6(d) and 7(2), which enshrine good governance and rule of law. The Special Court's decision was invalid as it disregarded the Applicant's rights and failed to provide compensation.
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The Court lacks jurisdiction to conduct an appellate merit review of the Supreme Court of Kenya's decisions but retains jurisdiction to address allegations of contravention of Articles 6 and 7 of the Treaty. The preliminary objection is upheld in part and dismissed in part. Reliefs requiring merit review are denied; reliefs relating to Treaty compliance are allowed to proceed.
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The High Court had already determined the legality of the Minister's public notice and the government's compliance with court orders in Mary Barnaba Mushi v AG. Re-litigating the same issues renders the court functus officio and without jurisdiction. The application for judicial review is therefore dismissed as the matter is res judicata and the court is barred from entertaining it.
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The Court found that the impugned Act passed the three-part test: the limitations were prescribed by law and clear, the objectives were pressing and substantial, and the measures were proportionate to the objectives. The Applicants failed to prove that the Act violated the Treaty or Protocol. Therefore, the challenged provisions do not contravene the cited Treaty or Protocol articles.
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The EACJ dismissed a land and Treaty reference by the heirs of Nikobamye Mathias, finding no proven Treaty violation or lawful basis to grant the claimed reliefs.
The High Court ordered valuation and compensation, or alternative land, after finding villagers were deprived of land for a VETA project without proper safeguards.
The applicant demonstrated sufficient interest as a stakeholder and invitee in the process of amending the Law of Marriage Act, with objectives aligned to gender equality and rule of law. The court held that technical rules of locus standi should not prevent associations from bringing matters of public law to court, especially at the leave stage. The application for leave was therefore granted.
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The EACJ Appellate Division held the reference time-barred under Article 30(2) and dismissed the appeal, upholding dismissal of the underlying reference.
There were no contradictions or inconsistencies between the criminal and civil judgments; both resulted in cancellation of the certificate of title and restoration of property to the original owner. The Minister's decision did not violate the Treaty, Protocol, or African Charter. Res judicata was not established. The Appellant was not entitled to remedies. Costs awarded to the Respondent.
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