Ololosokwan Village Council and Ors. v A.G. of The United Republic of Tanzania (Reference 10 of 2017) [2019] EACJ 7 (6 March 2019) (First Instance Division)


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

Page 1

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

Page 2

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