[2019] EACJ 46
The court held that, despite the strength of the Applicants' arguments, the gravity of the allegations and the interests of justice require that both parties be heard before any interim orders are granted. The court emphasized that ex parte relief is exceptional and should only be granted when it is just to do so....
Source-derived case information.
- Citation
- [2019] EACJ 46
- Parties
- Applicant: Freeman A. Mbowe & 3 Others; Respondent: Attorney General of the United Republic of Tanzania
- Court
- East African Court of Justice
- Jurisdiction
- Uganda
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Interim Orders
- Outcome
- ex parte application for interim orders disallowed; application to proceed inter partes
- Judges
- Jundu JA, Mugenyi PJ, Ngiye JA, Ntezilyayo DPJ, Nyachae JA
- Legal Topics
- Interim Orders, Ex Parte Applications, Rule 73 Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Freeman A. Mbowe & 3 Others
Applicant
Attorney General of the United Republic of Tanzania
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Interim Orders
Legal Issues
- 1 Whether the circumstances justify granting interim orders on an ex parte basis rather than inter partes.
- 2 Whether the justice of the case requires hearing both parties before granting interim relief.
Ratio Decidendi
The court held that, despite the strength of the Applicants' arguments, the gravity of the allegations and the interests of justice require that both parties be heard before any interim orders are granted. The court emphasized that ex parte relief is exceptional and should only be granted when it is just to do so. In this case, the court was not satisfied that the circumstances warranted ex parte orders and directed that the application be served on the Respondent for an inter partes hearing.
Court Disposition
ex parte application for interim orders disallowed; application to proceed inter partes
Orders
- The ex parte application for interim orders is disallowed.
- Applicants are directed to serve the application for interim orders upon the Respondent.
Full Case Text
Judgment text and source record
23 paragraphs
**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 <sup>1</sup>
.0
## **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 <sup>3</sup>