Case Number APPLICATION NO.14 of 2018 (Application for review arising From Reference No.2 of 2016)

This is an Application by Mr. Paul John Mhozya (“the Applicant”) seeking a review of the Judgment dated 27th June, 2018 in Reference No.2 of 2016 filed against the Attorney General of the United Republic of Tanzania. The Application is brought by Notice of Motion under Article 35 of the Treaty for the Establishment of the East African Community (“the Treaty”), as well as Rule 72(2) of the East African Court of Justice Rules of Procedure, 2013 (“the Rules”).
The Applicant is a natural person, a citizen and a resident of the United Republic of Tanzania, a Partner State of the East African Community. His address for service for the purpose of this Application is Kongowe Mzinga (B), Temeke Municipality, Dar Es Salaam, Tanzania.
The Respondent is the Attorney General of the United Republic of Tanzania (“the Respondent”) and he is sued in his capacity as the Principal Legal Advisor of the Government of the United Republic of Tanzania. His address for service of this Application is Attorney General’s Chambers, 20 Kivukoni Road, P.O. Box 9050, 11492, Dar es Salaam.
The background to this Application is that the Applicant sued the Respondent before this Court over a land dispute and many other events linked to the latter including harassment and death threats. The Applicant alleged that, on various dates, he unsuccessfully approached different services and institutions of the Respondent, including the Office of the President of the United Republic of Tanzania, to have his property rights protected.

Date filed
Treaty Article

First Instance Judgment

VerdictIn a nutshell, we are of the firm view that if this Court were to exercise its power of revision on the foregoing basis it would have assumed appellate powers, which it is not at liberty to do. In the final analysis and for the reasons given above, this Application is dismissed. As to costs, we exercise our discretion to order each Party to bear its own costs. It is so ordered.
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Date deliveredDecember 6, 2019

Appeal Judgment

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Date delivered