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Adiy and Ors. v A.G. of the Revolutionary Republic of Zanzibar (Application 7 of 2017) [2018] EACJ 84 (8 March 2018) (First Instance Division)
- Citation
- [2018] EACJ 84
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Justice
- Panel
- Jundu JA, Mugenyi JA, Nyawello JA
- Case number
- Application 7 of 2017
- Language
- English
More details
- Court
- East African Court of Justice
- Panel
- Jundu JA, Mugenyi JA, Nyawello JA
- Case number
- Application 7 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court found that Japheth Kiziba, who purported to act as agent for the Applicants, was improperly before the Court and lacked locus standi. As a result, he could not make any application, including for adjournment. The application was therefore disallowed, and no order as to costs was made. The ruling reinforces the requirement that only properly appointed representatives or parties with standing may move the Court.
Court disposition
application disallowed
Orders
- The application is disallowed.
- No order as to costs.
02
Material facts
Parties
Rashid Salum Adiy & 39,999 Others
ApplicantThe Attorney General of the Revolutionary Republic of Zanzibar
RespondentThe Chief Secretary of the Revolutionary Republic of Zanzibar
RespondentThe Attorney General of the United Republic of Tanzania
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Application for Adjournment
04
Questions and positions
Legal issues
- 01
Whether Japheth Kiziba had locus standi to act as agent for the Applicants in this application.
- 02
Whether the application for adjournment was properly before the Court.
Party arguments
- Applicant
- The Applicants, through Japheth Kiziba, sought an adjournment of the proceedings, claiming to act as their agent.
- Respondent
- The Respondents challenged the locus standi of Japheth Kiziba, arguing that he was not properly appointed and thus could not make any application before the Court.
05
Court’s reasoning
Legal principles
- 01
General principles of civil procedure and standing in the East African Court of Justice
A person must have proper locus standi to bring or make applications before the Court.
06
Ratio, limits and disposition
Ratio decidendi
The Court found that Japheth Kiziba, who purported to act as agent for the Applicants, was improperly before the Court and lacked locus standi. As a result, he could not make any application, including for adjournment. The application was therefore disallowed, and no order as to costs was made. The ruling reinforces the requirement that only properly appointed representatives or parties with standing may move the Court.
Court disposition
application disallowed
- The application is disallowed.
- No order as to costs.
Source and reliance status
East African Court of Justice
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
East African Court of Justice
Judgment
IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA
FIRST INSTANCE DIVISION
*(Coram: Monica K. Mugenyi, Pf; Faldhi A. Jundu, J,* & *Charles* 0. *Nyawello, J)*
APPLICATION No.07 OF 2017
RASHID SALUM ADIY
& 39,999 OTHERS ............................................................ APP LI CANTS
VERSUS
1. THE ATTORNEY GENERAL OF THE REVOLUTIONARY REPUBLIC OF ZANZIBAR 2. THE CHIEF SECRETARY OF THE REVOLUTIONARY REPUBLIC OF ZANZIBAR 3. THE ATTORNEY GENERAL OF THE UNTITED REPUBLIC OF TANZANIA ....................................... RESPONDENTS
gTH MARCH 2018
APPLICATION NO. 07 OF 2017
Page 1
~ · <sup>r</sup>
RULING OF THE COURT
- We have carefully listened to both parties. 1. - 2. It is quite clear, on his own admission, that one Japheth Kiziba that was purportedly appointed as an agent for the Applicants is improperly before the Court. - 3. He therefore has no locus standi in an application for adjournment or any application at all. - 4. We therefore disallow this Application with no order as to costs. - 5. It is so ordered.
Dated and delivered at Arusha this 8<sup>th</sup> day of March, 2018.
methigenyi, HON. LADY JUSTICE MONICA K. MUGENYI PRINCIPAL JUDGE HON. JUSTICE FAKIHI JUNDU JUDGE
HON. DR. JUSTICE CHARLES O. NYAWELLO
JUDGE
APPLICATION NO. 07 OF 2017
Page 2
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