African Network for Animal Welfare Vs The Attorney General of the United Republic of Tanzania
| Case Number | REF No. 9 of 2010 |
| Summary | The Applicant brought a Reference to this Court by Notice of Motion. In the Reference, the Applicant contends that the action by the Respondent to upgrade, tarmac, pave, realign, construct, create or commission “North Road” and otherwise as the “Superhighway” across the Serengeti National Park is “unlawful and infringes on” the provisions of the Treaty.
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| Respondent | The Attorney General of the United Republic of Tanzania |
| Complainant | African Network for Animal Welfare (ANAW) |
| Date filed | December 10, 2010 |
| Countries | Tanzania |
| Keyword | Jurisdiction , Wildlife |
| Treaty Article | Article 23 , Article 27 , Article 30 , Article 39 , Rule 24 |
First Instance Judgment
| Verdict | It was found and hold that:
1. This Court has jurisdiction to handle this matter and to grant orders such as those sought by the Applicant.
2. The Reference is not time-barred
3. The Reference, as drawn, is properly before the Court
4. The issue of affidavits does not arise at this stage
The Preliminary Objection is consequently overruled, in its entirety, with costs to the Applicant. |
| PDF document | Download the decision as PDF
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| Date delivered | August 29, 2011 |
| Quorum | |
Appeal Judgment
| Verdict | "Only questions of law, jurisdiction or procedural irregularity may be appealed to the Appellate Division. Questions of fact are exclusively and conclusively decided at the level of the First Instance Division. They are
not appealable to the Appellate Division.... In the result, we dismiss all the grounds of the appeal. However, as all these grounds were appeals against preliminary objections raised in the Court below, we order that the matter be, and is hereby, remitted to the First Instance Division for substantive trial and adjudication of the Reference on its merits." |
| PDF document | Download the decision as PDF
|
| Date delivered | March 15, 2012 |
| Quorum | |
