OLOLOSOKWAN VILLAGE COUNCIL & 3 OTHERS v. THE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA

Case Number	REFERENCE NO. 10 OF 2017
Summary
Respondent	The Attorney General of the United Republic of South Sudan
Complainant	Ololosokwan Village Council, Oloirien Village Council, Kirtalo Village Council, Arash Village Council
Date filed
Countries	Tanzania
Keyword
Treaty Article

Verdict	We carefully listened to both Parties in this application for adjournment. We find Rule 55(3)(b) of the Court's Rules of Procedure ('the Rules') as cited by learned Counsel for the Applicants inapplicable to this case. In our view, that Rule pertains to the duty upon the Court to conduct hearings expeditiously as detailed in Rule 55(3)(a), save for exceptional circumstances. Rule 66(1) that was cited by the same Party is not applicable either as it pertains to a matter where hearing has commenced. That is not the case presently. In the premises, this matter may only be adjourned in exercise of the Court's inherent powers under Rule 1(2) of the Rules, subject to the demonstration of sufficient reasons therefore. In the instant case, no evidence was adduced of the hardship experienced in securing the expert witness the Applicants seek to call. The Applicants had ample time since November 2018 to secure this expert and/ or demonstrate his/ her disinclination to carry out the required land survey but failed or omitted to do so. In the result, this Application is disallowed. We make no Order as to costs. It is so ordered.
PDF document	Download the decision as PDF
Date delivered	March 5, 2019
Quorum