[2018] EACJ 84
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...
Source-derived case information.
- Citation
- [2018] EACJ 84
- Parties
- Applicant: Rashid Salum Adiy & 39,999 Others; Respondent: The Attorney General of the Revolutionary Republic of Zanzibar; Respondent: The Chief Secretary of the Revolutionary Republic of Zanzibar; Respondent: The Attorney General of the United Republic of Tanzania
- Court
- East African Court of Justice
- Jurisdiction
- Uganda
- Case Number
- Application 7 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Adjournment
- Outcome
- application disallowed
- Judges
- Jundu JA, Mugenyi JA, Nyawello JA
- Legal Topics
- Locus Standi, Adjournment Applications, Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rashid Salum Adiy & 39,999 Others
Applicant
The Attorney General of the Revolutionary Republic of Zanzibar
Respondent
The Chief Secretary of the Revolutionary Republic of Zanzibar
Respondent
The Attorney General of the United Republic of Tanzania
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Adjournment
Legal Issues
- 1 Whether Japheth Kiziba had locus standi to act as agent for the Applicants in this application.
- 2 Whether the application for adjournment was properly before the Court.
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
Orders
- The application is disallowed.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
# 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