The
Court found that the Applicants had provided insufficient material for
the Court to make a decision and therefore adjourned the matter to be
heard in February
Three Tanzanians moved to the East African Court of
Justice seeking to block Kenya, Uganda and Rwanda from holding
tripartite meetings without EAC partners Tanzania and Burundi.
Ally Msanga, David Makatha and John Bwenda want the
Arusha-based Court to restrain the Respondents from effecting
resolutions arrived at in their earlier meetings in Kenya, Uganda, and
Rwanda, pending the hearing and determination of the Application of
inter parties.
The Court found that the Applicants had provided insufficient
material for the Court to make a decision and therefore adjourned the
matter to be heard in February 2014 after filing more documents and
serving all the Respondents in the matter and ready for the inter-partes
hearing.
The Court also told the Applicant to file all the necessary documents
in English which is the official language of the Community since all
documents in support of the matter were in the Kiswahili language and
had not been translated in accordance with Article 137 of the EAC
Treaty.
Counsel for the Applicants Jimmy Obedi said that the application was
brought to Court under Rules 73 (1 & 2) of the East African Court of
Justice, which provides that;
Rule 73. (1) Pursuant to the provisions of Article 39 of the Treaty,
the Court may in any case before it upon application supported by
affidavit issue interim orders or directions which it considers
necessary and desirable upon such terms as it deems fit.
(2) The Court on application of any party may grant an ex-parte
interim order if satisfied that it is just to do so. Upon granting an
ex-parte interim order the Court shall fix a date within a period not
exceeding thirty (30) days for the hearing of the application
inter-partes.
Capital
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