CONCLUSION
In view of the foregoing, we have no hesitation in concluding that the alleged
Treaty violations complained of in the present Reference are continuous todate and cannot be subjected to mathematical computation of time.
Accordingly, we find and hold that Reference No 4 of 2011 is properly before
this Court. Consequently, the present objection is hereby disallowed.
Costs shall be in the cause.
It is so ordered.
Dated at Arusha This 1st Day of December, 2011
….…………………..……………..
JOHNSTON BUSINGYE
PRINCIPAL JUDGE
….………………………………….
JOHN MKWAWA
JUDGE
….…..…………………………….
JEAN BOSCO BUTASI
JUDGE
9
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