we hold that the Reference is time-barred. Moreover, as we have answered issue No.2 in the affirmative, we refrain from entertaining issues nos.3 and 4 for the simple reason that the Reference is no longer alive. Accordingly, this Reference is hereby dismissed. As to costs, due to peculiar circumstances of this case, we deem it just for each Party to bear its own costs. It is so ordered. Dated, Delivered and Signed at Arusha this 24th day of February, 2014 ….…………………..…………….. JEAN BOSCO BUTASI PRINCIPAL JUDGE ….…………………..…………….. JOHN MKWAWA JUDGE ….…..……………………………. FAUSTIN NTEZILYAYO JUDGE REFERENCE NO.11 OF 2011 Page 21

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