2000.There is no contrary intention from the reading of the Treaty that it was to
apply retrospectively and none has been established by the Claimants.
This point of objection is accordingly upheld.
5. The Claim is a Mere Allegation.
This criticism has no basis in our view. The pleadings are clear. The Claimants
allege that the respondent has breached specific Articles of the Treaty.The
Claimants set out details in the supporting affidavits and annextures. That is all
that is required of a Claimant under Rule 37 which provides that:
‘’…..every pleading shall contain a concise statement of material facts
upon which the party’s claim or defence is based not the evidence by
which those facts are to be proved’’.
This point of objection is accordingly overruled.
6. The Objectives of the Treaty
The import of this point of objection is similar to objection No. 4 and the answer is
the same.
This objection is upheld.
CONCLUSION
In conclusion, we rule that although the Court has jurisdiction to hear the
Reference and that it is not barred by the doctrine of res judicata or the rule of
exhaustion of local remedies, nonetheless, it cannot entertain the Reference on
account of the non retrospective application of the Treaty.
The Reference is accordingly struck out with costs to the Respondent.
IT IS SO ORDERED
Dated at Arusha this …….... Day of September 2011.
10