Court strikes out an Application seeking court to hear a case challenging the Union of Tanzania, in Zanzibar


 

 

East African Court of Justice Arusha, 8th March 2018: The First Instance Division struck out an Application filed by one Rashid Salum Adiy and 39,999 others Zanzibar Citizens versus the Revolutionary Government of Zanzibar, Chief Secretary of Revolutionary Council of Zanzibar and United Republic of Tanzania others. The Application was seeking Court to allow the case challenging the legality of the Union of Tanzania, be heard in Zanzibar.

The Court in its ruling read by the Principal Judge, ordered that, “We have carefully listened to both parties, we are concerned by the lackluster and un professional manner in which the Applicants have approached so serious the matter” Principal Judge stated. Further the Court said that, the Applicants purported to file a notice of appointment of agent while knowing that it was premised on un registered and therefore defective Power of Attorney.

The Court added that, “We find this not to be only the waste of the Court’s time and occasioning un due delay of the hearing of the matter, but also find it to be abuse of the Court’s process”. The Principal Judge read. The Court therefore ruled that under Rule 47 (1) (a) and (c) of the Court Rules of Procedure, court struck out the application with no costs.

Before the ruling, there were arguments by the Representatives of the Attorney General of Zanzibar and URT, submitting that the Applicants have shown lack of seriousness in this important case which is of a public interest and that it shows disrespect of the Court and waste of its time.

Mr Rashid Salum Adiy (Applicant) who appeared in person with other few Applicants in court had earlier filed with the Court a notice of appointment of an Agent which Court rejected because it was not supported by the valid Power of Attorney. The Applicant also attempted to use Swahili language in Court which court interpreted as against the Treaty which provides English as the Language of the Community under Article 46.

The other Applicants present in Court were Suleyman Mustafa, Khamis Hassan Hamad with the Purported Agent by the name Japhet Chidzipha Chigumba. While the representatives of the Respondents were Mzee Ali Haji, Deputy Attorney General of the Revolutionary Government of Zanzibar, Alesia A. Mbuya Principal State Attorney & Asst. Director Attorney General AND Constitutional Affairs, Mark Mwambo Principal State Attorney and others.

All appeared before Hon. Justices: Monica Mugenyi (Principal Judge), Fakihi Jundu and Dr Charles Oyo Nyawello all of the First Instance Division.

Notice for Editors:

Rule 47 (1) (a) and (c) provides that;

47. (1) The Court may, on application of any party, strike out or expunge all or part of a pleading or other document, with or without leave to amend, on the ground that the pleading or other document—

(a) may prejudice or delay the fair trial of the case; or
(C) is an abuse of the process of the Court.

About the EACJ

The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.

Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
For more information please contact:
Yufnalis Okubo, Registrar, East African Court of Justice. Tel: 255-27-2162149
Email Okubo@eachq.org

East African Court of Justice
Arusha, Tanzania
http://www.eacj.org

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