6.01.2016

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WHO IS ELIGIBLE TO ACCESS THE COURT OF LAW IN TANZANIA




WHO IS ELIGIBLE TO ACCESS THE COURT OF LAW IN TANZANIA
A person to be eligible to access the court is the situation where a person who is aggrieved with unlawful acts against him can bring the matter before the court of law. So not every person is entitled to access the court, the one who has interest in the case can access the court.
The person, who has locus standi, is the one who is eligible to access the court. Locus standi is the right to bring an action, to be heard in the court, or to address the court on a matter before it. In order to sue to have a court to declare the law unconstitutional, there must be a valid reason for whoever is suing to be there. That is locus standi.[1]This person can be legal person or natural person. Official capacity, for the matters in which the government is the aggrieved party, the Attorney General is the person who is eligible to access the court on behalf of the government Therefore the person with locus standi or interest in the case is eligible to access the court.
.  The law[2] provides that, every person has the right, in accordance with the procedure

provided by law to take legal action to ensure the protection of this constitution and the laws of the land. Therefore the eligible person to access the court is the one who want to protect the laws.
The circumstances in which one can access the court are as follows;
Any person who her rights has been violated, the law provides that if a person discover that his or her rights has been violated he has the right to bring an action to the court of law for hearing.[3]
Any person who her rights are likely to be violated, Also if a person sees that his or her rights is likely to be violated in the future can institute the suit before the court f law to prevent a person from violating his or her right.[4]
Also in the situation that the person’s right is being violated a person can access the court in order to prevent that person from violating his or her rights.
Therefore a person who can be legal person or natural person is eligible to access the court only if he has locus stand or interest to the matter, that is to say he do so to protect the rights and laws.



[1] Definitions.uslegal.com
[2] Article 26(2) of the United Republic of Tanzania constitution of 1977
[3] Ibid, Article 30(3)
[4] ibid

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