mbowe and others v attorney general of the united republic of tanzania 2019 eacj 46 19 june 2019

.0 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 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. Application No.2 of 2019 Page 2 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