Mbowe and Others v Attorney General of the United Republic of Tanzania [2019] EACJ 46 (19 June 2019) (First Instance Division)


IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA

FIRST INSTANCE DIVISION

*(Coram: Monica K. Mugenyi, PJ; Faustin Ntezilyayo, DP]; Fakihi A. ]undu, Audace Ngiye & Charles Nyachae, JJ)*

APPLICATION No. 2 OF 2019

(Arising from Reference No. 3 of 2019)

FREEMAN A. MBOWE

& 3 OTHERS APPLICANTS

VERSUS

THE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA .. RESPONDENT

DATE: 19thJUNE2019

Application No.2 of 2019 Page ¹


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RULING OF THE COURT

- 1. We have carefully listened to Counsel for the Applicants in this Application. - 2. They have advanced very strong arguments in support of the grant of the interim orders sought in this matter. - 3. The question before us, however, is whether the case made by the Applicants would warrant the grant of such orders ex *parte* rather than *inter partes.* - 4. Rule 73(2) of this Court's Rules of Procedure enjoins the Court to grant ex parte interim orders only 'if satisfied that it is just to do so.' - 5. We take the view that the gravity of the allegations in support of the present Application are such that the justice of this case requires that the Court hear both Parties *inter partes* before rendering itself on the Application for interim orders. - 6. Accordingly, this ex parte Application is hereby disallowed. The Applicants are directed to serve the Application for interim orders upon the Respondent. A date for its hearing shall be communicated on notice. - 7. We so order.

Dated and delivered at Arusha this 19th day of June 2019.

Hon. Lady Justice Monica K. Mugenyi PRINCIPAL JUDGE

Hon. Justice Faustin Ntezilyayo DEPUTY PRINCIPAL JUDGE

Hon. Justice Fakihi A. Jundu JUDGE

Hon. Justice Audace Ngiye JUDGE

Hon. Justice Charles Nyachae JUDGE

Application No.2 of 2019 Page ³