Tanganyika Law Society and Another v United Republic of Tanzania; Mtikila v United Republic of Tanzania (Application No. 009/2011; Application No. 011/2011) [2011] AfCHPR 7 (22 September 2011)

AFRICAN UNION


UNION AFRICAINE

الاتحاد الأقريني

UNIÃO AFRICANA

AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES

IN THE MATTERS OF

THE TANGANYIKA LAW SOCIETY AND THE LEGAL AND HUMAN RIGHTS CENTRE

V.

THE UNITED REPUBLIC OF TANZANIA

APPLICATION NO. 009/2011

AND

REVEREND CHRISTOPHER MTIKILA

V.

THE UNITED REPUBLIC OF TANZANIA

APPLICATION NO. 011/2011

ORDER

The Court composed of: Gérard NIYUNGEKO, President; Sophia A. B. Akuffo, Vice President; Jean MUTSINZI, Bernard M. NGOEPE, Modibo T. GUINDO, Fatsah OUGUERGOUZ, Duncan TAMBALA, Elsie N. THOMPSON and Sylvain ORE-Judges; and Robert ENO - Acting Registrar,

IN THE MATTERS OF

THE TANGANYIKA LAW SOCIETY AND THE LEGAL AND HUMAN RIGHTS CENTRE

V.

THE UNITED REPUBLIC OF TANZANIA

AND

REVEREND CHRISTOPHER MTIKILA

V.

THE UNITED REPUBLIC OF TANZANIA

After deliberations.

- 1. Having regard to the application dated $2^{nd}$ June, 2011 and received at the Registry of the Court on the same date, by which the Tanganvika Law Society and the Legal and Human Rights Centre (hereinafter referred to as the First Applicants) instituted proceedings against the United Republic of Tanzania (hereinafter referred to as the Respondent): - 2. Having regard to the application dated 10^th June, 2011 and received at the Registry of the Court on the same date, by which Reverend Christopher Mtikila (hereinafter referred to as the Second Applicant) instituted proceedings against the Respondent;

$\mathcal{N}^{\mathfrak{S}_2}$

$\mathsf{R} \ell$

- 3. Having regard to Rule 54 of the Rules of Court, in accordance with which "The Court may, at any stage of the pleadings, either on its own volition or in response to an application by any of the parties, order the joinder of interrelated cases and pleadings where it deems appropriate both in fact and in law"; - 4. Noting that the subject matter and the defendant in the two cases are the same: - 5. Considering that a joinder is appropriate both in fact and in law;

The Court Orders:

- i. The joinder of the applications and pleadings by the First and Second Applicants against the Respondent. - ii. That, henceforth the application shall be known as: Applications 009 & 011 - Tanganyika Law Society and The Legal and Human Rights Centre and Reverend Christopher Mtikila v. The United Republic of Tanzania. - iii. That consequent upon the joinder of the two matters, all pleadings relating thereto shall be served on all the parties.

Done at Arusha, this twenty-second day of September, in the year Two Thousand and Eleven, in English and French, the English text being authoritative.

Signed:

HUMAN AND Gérard NIYUNGEKO, President Robert ENO, Acting Registrar 3