Coming up for hearing: 15th September 2021.
Application filed: on 1st August 2019.
Rules: 4, 52(1) & (5), 65(1), (2) (a) (b) & (d) and 84 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Application for review of a delivered Judgment.
The Applicant, M/S Quick Telecommunication Services is a legal person represented by its Managing Director James Alfred Koroso. He prays for orders granting this Application urgent status, quashing and reviewing issues dealt with by this Court in a Judgement delivered on 3rd July 2019 in Reference No. 10 of 2016, orders staying prosecution and execution of a Judgement in Civil Case No. 07 of 2017 between the Applicant and Barclays Bank (T) Ltd at the Regional Magistrate’s Court of Moshi, pending determination and review of Reference No. 10 of 2016.
Applicant alleges among other things that, having perused the Judgment of Reference No.10 of 2016 he observed the Respondent did not file his defence hence can not lately now file a reply to the Applicant’s Affidavit in support of this Application purporting to rescue a dead motion on its part, which it abandoned long during the main Reference.
Further, the scheduling notes and issues relied upon by this court to determine the Reference and the Judgment thereafter, were invented, not real contrary to rule 63 of this Court Rules of Procedure, 2019 and Respondent written submission dated 30th October 2018 were drawn from fictious scheduling notes.
Applicant therefore calls upon this Court to recognise his rights under Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community and Articles 3, 4, 5 & 7 of the African Charter on Human and Peoples’ Rights among other international human rights instruments. Also, call upon this Court to take note of the fact that, his case has lasted in this Court for five years.
The Respondent disputes Applicant allegations on among other grounds that, the impugned Judgement was delivered by a full bench, signed by all the Judges, the Court summaried each party’s case as appeared in their pleadings and submissions, it was based on analysis of the law and evidence adduced by parties before the Court, errors stated by the Applicant do not fall within the grounds for review and the proceeding and Judgment were made public.
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