[2019] EACJ 7
The Court found that the Applicants failed to demonstrate sufficient reasons for adjournment, as no evidence was provided of hardship in securing the expert witness. The cited Rules 55(3)(b) and 66(1) were deemed inapplicable to the present circumstances. The only basis for adjournment would be the Court's inherent...
Source-derived case information.
- Citation
- [2019] EACJ 7
- Parties
- Applicant: Ololosokwan Village Council; Applicant: Oloirien Village Council; Applicant: Kirtalo Village Council; Applicant: Arash Village Council; Respondent: Attorney General of the United Republic of Tanzania
- Court
- East African Court of Justice
- Jurisdiction
- Uganda
- Case Number
- Reference 10 of 2017
- Procedural Posture
- Miscellaneous Application / Application for Adjournment
- Outcome
- application_disallowed
- Judges
- Ntezilyayo J
- Legal Topics
- Adjournment of Hearing, Court Inherent Powers, Application of Court Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ololosokwan Village Council
Applicant
Oloirien Village Council
Applicant
Kirtalo Village Council
Applicant
Arash Village Council
Applicant
Attorney General of the United Republic of Tanzania
Respondent
Procedural Posture
Miscellaneous Application / Application for Adjournment
Legal Issues
- 1 Whether the Applicants have demonstrated sufficient reasons for adjournment of the hearing.
- 2 Whether the cited Rules 55(3)(b) and 66(1) of the Court's Rules of Procedure are applicable to the present application.
- 3 Whether the Court should exercise its inherent powers under Rule 1(2) to grant the adjournment.
Ratio Decidendi
The Court found that the Applicants failed to demonstrate sufficient reasons for adjournment, as no evidence was provided of hardship in securing the expert witness. The cited Rules 55(3)(b) and 66(1) were deemed inapplicable to the present circumstances. The only basis for adjournment would be the Court's inherent powers under Rule 1(2), which require sufficient justification. Since the Applicants had ample time since November 2018 to secure the expert and did not show any disinclination or inability of the expert to carry out the required land survey, the application for adjournment was disallowed.
Court Disposition
application_disallowed
Orders
- The application for adjournment is disallowed.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA
**FIRST INSTANCE DIVISION**
(Coram: Monica K. Mugenyi, PJ; Faustin Ntezilyayo, DPJ; Fakihi A. *Jundu; Audace Ngiye & Charles Nyachae, JJ)*
## REFERENCE NO. 10 OF 2017
- 1. OLOLOSOKWAN VILLAGE COUNCIL - 2. OLOIRIEN VILLAGE COUNCIL - 3. KIRTALO VILLAGE COUNCIL - 4. ARASH VILLAGE COUNCIL
. APPLICANTS
## **VERSUS**
## THE ATTORNEY GENERAL OF
THE UNITED REPUBLIC OF TANZANIA ...................... RESPONDENT
6<sup>TH</sup> MARCH 2019
Application No. 10 of 2017
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reux
## **RULING OF THE COURT**
- 1. We carefully listened to both Parties in this application for adjournment. - 2. We find Rule 55(3)(b) of the Court's Rules of Procedure ('the Rules') as cited by learned Counsel for the Applicants inapplicable to this case. In our view, that Rule pertains to the duty upon the Court to conduct hearings expeditiously as detailed in Rule $55(3)(a)$ , save for exceptional circumstances. - 3. Rule $66(1)$ that was cited by the same Party is not applicable either as it pertains to a matter where hearing has commenced. That is not the case presently. - 4. In the premises, this matter may only be adjourned in exercise of the Court's inherent powers under Rule 1(2) of the Rules, subject to the demonstration of sufficient reasons therefor. - 5. In the instant case, no evidence was adduced of the hardship experienced in securing the expert witness the Applicants seek to call. The Applicants had ample time since November 2018 to secure this expert and/ or demonstrate his/ her disinclination to carry out the required land survey but failed or omitted to do so. - 6. In the result, this Application is disallowed. We make no Order as to costs. - It is so ordered.
Application No. 10 of 2017
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rent
Dated, signed and delivered at Arusha this 5<sup>th</sup> day of March, 2019.
HON. LADY JUSTICE MONICA K. MUGENYI PRINCIPAL JUDGE HON. DR. JUSTICE FAUSTIN NTEZILYAYO DEPUTY PRINCIPAL JUDGE HON. JUSTICE FAKIHI A. JUNDU **JUDGE** HON. DR. JUSTICE AUDACE NGIYE **JUDGE** HON. JUSTICE CHARLES NYACHAE
**JUDGE**
Application No. 10 of 2017
Page 3