Eyakuze vs Commissioner General of Tanzania Immigration Service & Others

Aidan Frederick Lwanga Eyakuze vs Commissioner General of Tanzania Immigration Service Department & Others (Civil Appeal 13 of 2020) [2020] TZCA 1884 (04 December 2020)

(Appeal from the Ruling and Order of the High Court of Tanzania,Main Registry at Dar es Salaam)

KOROSSO. J.A.: This appeal is against the ruling and order of the High Court of Tanzania Main Registry at Dar es Salaam, (Mlyambina, J.) in Misc. Civil Cause No. 11 of 2019 delivered on the 25th October, 2019.

A brief factual background and legal base for the appeal is that on the 19th July, 2018 Mr. Victor Saulo and Mr. Jamal, officers from the offices of the 1st and 2nd respondents went to Twaweza offices situated in Dar es Salaam to look for the appellant who is the Executive Director of Twaweza, a Non-Governmental Organization, but were unable to meet him because at the material time he was outside the country. After being informed of the appellant’s absence, the two officers left a message urging the appellant to report to the Immigration Offices at Kurasini, within Temeke District in Dar es Salaam Region on his return back from the journey.

On the 23rd July, 2018 while the appellant was in his office, he heeded to a message made by way of a telephone call from the 2nd respondent and reported at Immigration Services offices Kurasini, Dar es Salaam around 10.30 hours. Upon arrival at the Immigration offices, he was interrogated by the officers of the 2nd respondent, namely; Mr. Victor and Mr. Jamal who then informed him that his citizenship was under investigations and was given forms to fill. Subsequently, he was allowed to leave the said offices and directed to bring his Tanzanian Passport to the Immigration Offices. On the 24th July, 2018 the appellant duly handed his passport, number AB389800 to the officers of the 1st and 2nd respondents.

[…]

Having found that the action of the 1st and 2nd respondents in continuing to retain the appellant’s passport without any communication is unreasonable. For the foregoing reasons, having been satisfied that the appellant deserved to be granted some of the sought orders. In the circumstances, we agree with the appellant’s counsel that the learned High Court Judge erred in failing to find that the respondents’ continued withholding of the appellant’s passport was not justified.

We therefore do hereby quash the impugned decision of the High Court and hereby order as follows:

(a) The 1st and 2nd respondents are directed to finalize investigations on the appellant’s citizenship status within Sixty (60) days of this order.

(b) The 1st and 2nd respondents are further ordered to return the seized passport to the appellant immediately after lapse of the period of Sixty (60) days granted above and/or allow him to acquire a new passport upon fulfillment of the due process in the event the passport is no longer valid for reason of expiration or otherwise.

Download complete judgment: https://tanzlii.org/tz/judgment/court-appeal-tanzania/2020/1884