Mbowe and Others v Attorney General of the United Republic of Tanzania [2019] EACJ 46 (19 June 2019) (First Instance Division)


**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>