|Case Number||APPLICATIONS NOs. 3 AND 4 OF 2019|
This Ruling arises from Consolidated Applications Nos 3 and 4 of 2019. Application No 3 was filed by the Applicant under Rules 81 of the East African Court of Justice (EACJ) Rules of Procedure, 2013 (hereinafter referred to as “the Rules of this Court”) to strike out Notice of Appeal filed by the Respondent on the 19th July, 2018. Application No. 4 was filed by the Respondent under Rule 84 (2) of the Rules of this Court for extension of time to file an appeal out of time. Both Applications arise from the Decision of the First Instance Division (hereinafter referred to as “the Trial Court”) in Reference No. 07 of 2016 which was filed under Articles 6 (d) and 7 (2) of the Treaty for the Establishment of the East African Community (hereinafter referred to as “the Treaty”) challenging the Order issued by the Minister of Information, Culture, Arts and Sports of the United Republic of Tanzania to suspend the publication of the Mseto Newspaper.
Judgment in Reference No. 07 of 2016 was entered by the Trial Court in favour of the Applicants. Being dissatisfied with the said Decision, the Respondents filed a Notice of appeal in this Court dated 19th July, 2018.
At the hearing of the Consolidated Applications, the Applicants were represented by Advocates Mr. Fulgence Massawe and Mr. Jeremiah Mtobesya; and the Respondents by Mr. Abubakar Mrisha, Senior State Attorney and Ms. Rowland Mercy Kyamba, Principal State Attorney.
|Respondent||THE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA|
|Complainant||THE MANAGING EDITOR MSETO AND HALI HALISI PUBLISHERS LTD|
First Instance Judgment
|Verdict||The Application for Extension of Time to lodge an appeal out of time is denied and the Notice of Appeal dated and lodged in this Court on the 19th July 2018 is struck out with costs to the Applicant. IT IS SO ORDERED.|
|PDF document||Download the decision as PDF|
|Date delivered||June 2, 2020|