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Tanzania Case Law

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Constitutional law Odero Charles Odero vs Attorney General of Tanzania Another Misc Civil cause No 15 of 2023 2024 TZHC 698 4 March 2024

Odero Charles Odero vs Attorney General of Tanzania Another Misc Civil cause No 15 of 2023 2024 TZHC 698 4 March 2024

Court
TZHC

The High Court has jurisdiction to entertain constitutional petitions filed by individuals challenging the constitutionality of legislation, provided the allegations concern contravention of the Constitution. Locus standi is conferred on public-spirited individuals seeking to protect the Constitution. Limitation law does not apply to constitutional petitions of this nature. Joinder of Attorney General of Zanzibar as a necessary party does not render the petition bad in law, especially where substantive justice is achieved.

Source excerpt

  • Jurisdiction
  • Locus standi
  • Limitation of actions
  • Party joinder
  • Union matters
  • Supremacy of constitution
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Constitutional law zitto zuberi kabwe vs president of the united republic of tanzania 2022 tzhc 15339 5 december 2022

zitto zuberi kabwe vs president of the united republic of tanzania 2022 tzhc 15339 5 december 2022

Court
TZHC

Section 6(1) of the Public Audit Act, by introducing a fixed term of five years (renewable once) for the Controller and Auditor General, is inconsistent with Article 144(1) of the Constitution, which guarantees tenure until the age of 65 or removal only through the constitutional process. The removal of the 4th respondent before attaining 65 years, based on the expiry of a fixed term, was unconstitutional. The appointment of the 3rd respondent, though challenged, was not declared unconstitutional as it was overtaken by events and not based on lack of qualifications.

Source excerpt

  • Security of tenure
  • Judicial review
  • Removal of public officers
  • Interpretation of statutes
  • Supremacy of constitution
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Human rights law legal defence and assistance project v federal republic of nigeria communication 42512 2014 achpr 7 29 july 2014

legal defence and assistance project v federal republic of nigeria communication 42512 2014 achpr 7 29 july 2014

Court
ACHPR

The Commission found that local remedies for the victim were non-existent or unduly prolonged due to constitutional provisions excluding persons suspected of capital offences from statutory trial timelines, and the ineffectiveness and delay of domestic legal proceedings. Therefore, the requirement to exhaust local remedies was dispensed with, and the communication was declared admissible.

Source excerpt

  • Arbitrary detention
  • Torture
  • Right to fair trial
  • Exhaustion of local remedies
  • Supremacy of constitution
  • Admissibility of communications
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.