ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA V AFRICAN NETWORK FOR ANIMAL WELFARE (ANAW) [2012] RC 7 (KLR)
- Court
- RC
- Case number
- 7
- Citation
- [2012] RC 7 (KLR)
- Decided
- 15 March 2012
The Appellate Division dismisses all grounds of appeal and remits the matter to the First Instance Division for substantive trial and adjudication of the Reference on its merits.
Facts
The Respondent, African Network for Animal Welfare (ANAW), filed a Reference challenging the Government of the United Republic of Tanzania's action to upgrade, construct, or commission the 'North Road' across the Serengeti National Park. ANAW contended that the action was unlawful and infringed the provisions of the EAC Treaty.
Issues
- Jurisdiction of the Court to grant a permanent injunction against a Partner State
- Whether the Court below accorded weight to the Appellant's submissions
Reasoning
The Court finds that the Appellate Division has no role to entertain the Appellant's last ground of appeal, which is a question of fact. The Court dismisses the appeal and orders the matter to be remitted to the First Instance Division.
Outcome
Appeal dismissed
Orders
- Remitted to the First Instance Division for substantive trial and adjudication of the Reference on its merits
Authorities cited
Legislation (3)
- EAC Treaty
- Article 23(3) of the EAC Treaty
- Article 35A of the EAC Treaty
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