2 of 2006 and Criminal Application 16 of 2006''. During the public hearing of 21 May
2015, they elucidated that ''in Mise Criminal Application No. 16 of 2006 at the High
Court concerning the kidnapping and abduction of the Applicants, the proceedings
were unduly prolonged ... ".
120. To elaborate, they submit that when they filed the Application in the High Court of
Tanzania on 19 June 2006, it was dismissed on 16 September 2008. The Application
took about two years and three months to be finalized. They then appealed before the
Court of Appeal in a Notice dated 30 September 2008 and the Court of Appeal delivered
its ruling on 14 February 2011 . This took another period of two years and five months
from the time the Application was dismissed by the High Court to the time the Court of
Appeal delivered its Ruling.
121 . The Applicants then proceeded to seek leave for extension oftime to file their Appeal
before the Court of Appeal, at which point the Respondent filed a preliminary
objection to the effect that the Court ruled strictly on the merits and did not take into
consideration the Respondent's preliminary objections. When the Respondent filed
an appeal, the Applicants raised a preliminary objection that the appeal was based
on an interlocutory order that cannot be appealed.
122. The Applicants' appeal was dismissed, and the matter was remitted back to the High
Court and then progressed again to the Court of Appeal, which also held that indeed
the trial court decided on the merits of the case without taking into consideration the
preliminary objections raised by the Respondent, and again referred the case back
to the High Court, at which point the Applicants decided to file this Application before
the present Court.
123. In its Response dated 26 February 2014, the Respondent
11
Strongly refutes the
allegations that it caused delay in Criminal case 16 of 2006, which [according to the
Respondent], actually ceased to exist on 19 March 2013, after being quashed by the
Court of Appeal". Respondent contends that 11the Applicants never complained about
the progression of the Application as they themselves were vigorously pursuing their
rights and seeking local