Results.
5 judgments found.
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| March 2024 |
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Recusal application dismissed for delay and failure to establish reasonable apprehension of judicial bias; costs awarded to respondent.
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Judicial recusal — reasonable apprehension of bias — presumption of impartiality — burden on applicant to adduce objective evidence — timing/abuse of process — judge’s duty to sit — costs follow the event.
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27 March 2024 |
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Court held Tanzania's 2019 amendments did not breach EAC Treaty or Common Market Protocol and dismissed the Reference.
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Treaty compliance — national legislation — three-part proportionality test (law/clarity; pressing and substantial objective; proportionality) — public participation and certificate of urgency — clarity of statutory language — regulation of NGOs, companies, societies and film industry — alignment with anti–money laundering obligations — remedial avenues and judicial review.
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27 March 2024 |
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No Treaty breach found; applicants failed to prove lawful land ownership—Reference dismissed.
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Treaty law — Articles 6(d) & 7(2) (good governance, rule of law) — Procedural fairness — Special Court procedure (Article 58) — Joining preliminary questions with merits (Article 5 principle) — Customary land acquisition vs. formal title — Burden of proof — Reliefs and costs.
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27 March 2024 |
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The Court dismissed the Reference and Application as time-barred under Article 30(2), holding the MoU signing began the two-month limitation.
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Treaty time-limits — Article 30(2) EAC Treaty — two-month limitation — starting point: act first effected (signing of MoU) — arrival of implementation equipment not a new cause — no power to extend time — jurisdiction ratione temporis — dismissal of time-barred Reference.
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26 March 2024 |
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Reference dismissed: Court lacks jurisdiction over pre-accession acts and the claim is time-barred under Article 30(2).
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Treaty jurisdiction — ratione temporis — Article 30(2) two-month limitation — non-retroactivity of Treaty — knowledge of cause of action — time-bar — costs discretion.
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26 March 2024 |