Wakilii

Ololosokwan Village Council and Ors. v A.G. of Tanzania (ruling) (Application 15 of 2017)

East African Court of Justice · [2018] EACJ 89 · 2018 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim orders arising from Reference No. 10 of 2017, with preliminary objection raised by Respondent challenging competence of the application
Decision
Preliminary objection dismissed; matter to proceed to hearing on the merits

Observed later treatment

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Holding

The Court held that Village Councils, being bodies corporate under Tanzanian law, have locus standi to institute proceedings before the East African Court of Justice under Article 30(1) of the EAC Treaty and Rule 17(3) of the Court Rules. The preliminary objection challenging the Village Councils' capacity to sue was dismissed. Tanzanian domestic law provisions requiring authorization from district authorities do not apply to proceedings before the EACJ.

Outcome

Preliminary objection dismissed; matter to proceed to hearing on the merits

Facts

Four Village Councils in Tanzania alleged that on 4 August 2017, despite possessing legal documents proving ownership of land bordering Serengeti National Park, their members received correspondence from the Respondent State directing them to remove cattle and homesteads from the area. On 5 August 2017, residents were ordered to vacate, and evictions, livestock confiscation, and burning of homesteads occurred on land the Applicants claimed legally belonged to them. The Applicants filed Reference No. 10 of 2017 alleging violations of the EAC Treaty and Tanzanian law, and sought interim orders to restrain further evictions and related actions. The Respondent filed a preliminary objection challenging the Village Councils' authority to institute proceedings, arguing they were part of the Tanzanian government and required authorization from district authorities or representation by the Attorney General.

Issues

  1. Whether the four Village Councils have the requisite authority to institute the application in the East African Court of Justice against the Attorney General of the United Republic of Tanzania.

Orders

  • Preliminary objection dismissed.
  • Application No. 15 of 2017 fixed for hearing forthwith.
  • Costs to abide the outcome of the main Reference.

Rules and key headnotes

Locus Standi — Bodies Corporate — Village Councils before Regional Courts
A Village Council constituted as a body corporate under domestic law has locus standi to institute proceedings before the East African Court of Justice under Article 30(1) of the EAC Treaty, which permits any person resident in a Partner State to refer matters to the Court.
Representation — Bodies Corporate — Application of Court Rules over Domestic Law
Where the East African Court of Justice Rules of Procedure provide for representation of bodies corporate, those rules govern appearance before the Court and domestic law provisions requiring authorization from superior governmental bodies do not apply to proceedings before the EACJ.
Preliminary Objections — Capacity to Sue — Village Councils against Attorney General
A Village Council may sue the Attorney General of a Partner State before the East African Court of Justice notwithstanding that the Village Council forms part of the local government structure of that State.
Preliminary Objections — Notice Requirements — Applications versus References
Rule 41(2) of the East African Court of Justice Rules of Procedure, which requires seven days' written notice of a preliminary objection, applies specifically to preliminary objections raised before a scheduling conference to a Reference and does not extend by implication to preliminary objections on applications for interim orders.

Legislation cited (7)

  • Treaty for the Establishment of the East African Community Articles 6(d), 7(2), 27(1), 30, 39
  • East African Court of Justice Rules of Procedure 2013 Rules 1(2), 17(3), 17(5), 21, 22, 23, 41(1), 41(2), 53, 84, 85
  • Local Government (District Authorities) Act Cap. 287 (Tanzania) sections 3, 26(2), 55, 56, 192A
  • Office of the Attorney General (Discharge of Duties) Act 2005 (Tanzania) section 31
  • Constitution of the United Republic of Tanzania
  • Village Land Act 1999 (Tanzania)
  • Wildlife Conservation Act 2009 (Tanzania)

Cases cited (1)

  • Mondorosi, Sukenya and Soitsambu Village Councils vs. Tanzania Breweries Limited, Tanzania Conservation Ltd, Ngorongoro District Council, Commissioner for Lands and Attorney General (Tanzania), reported in Gilbert, J. (2017). Litigating Indigenous Peoples' Rights in Africa: Potentials, Challenges and Limitations, International Comparative Law Quarterly, 66(3), 657-686

Full judgment

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Ololosokwan Village Council and Ors. v A.G. of Tanzania (ruling) (Application 15 of 2017) [2018] EACJ 89 (25 January 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.