RASHID SALIM ADIY & 39,999 OTHERS v. THE ATTORNEY GENERAL OF THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR & 2 OTHERS

Case Number	REFERENCE NO.9 OF 2016
Summary	Mr. Rashid Salim Adiy and 39,999 other persons (‘the Applicants’) filed Reference Number 9 of 2016, Rashid Salim Adiy & 39,999 Others The Attorney General of the Revolutionary vs. Government of Zanzibar & 2 Others claiming inter alia that the purported unification of the Republic of Tanganyika and the Peoples Republic of Zanzibar to form the United Republic of Tanzania is a nullity. Mr. Rashid Salim Adiy (“the First Applicant”) is a natural person, and describes himself as a resident of Zanzibar, and a citizen of the United Republic of Tanzania; while the 39,999 persons on whose behalf he brought the Reference are similarly described as residents of Zanzibar and citizens of the United Republic of Tanzania.
Respondent	THE ATTORNEY GENERAL OF THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR & 2 OTHERS
Complainant	RASHID SALIM ADIY & 39,999 OTHERS
Date filed
Countries	Tanzania
Keyword
Treaty Article

Verdict	For the reasons stated earlier in this ruling, we find and hold that this Court does not have jurisdiction to hear and determine the subject matter of the Reference. Further and in any event, it is also our finding that at the time of filing the Reference, the same was time barred. Accordingly, we hereby uphold both points of law as raised by the Respondents. On the question of costs, Rule 127(1) of the Court's Rules of Procedure provides that 'costs in any proceedings shall follow the event unless the Court for good reasons otherwise orders.' In the instant case, misguided as the Reference was in the circumstances, we are mindful that it was brought in the public interest. We accordingly exercise our discretion under the said Rule 127(1) to order that each party shall bear its own costs. It is so ordered.
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Date delivered	September 29, 2020
Quorum