123.
They have appeared before the Courts in Tanzania under one
suit — Suit No. 95/2005 since 2005. The division of the claimants at
the domestic level into two groups does not mean that the claimants
in the two lists were not part of the same case. The cause of action
remained
the same,
the parties
remained
the same
and
the reliefs
sought were identical.
124.
the
The Applicants acknowledged
Respondent's
Response
in paragraph 7 of their Reply to
that the
division
was
as
a result of
internal bickering. For reasons of proper administration of justice the
Court classified the two groups as List 3A and List 3A1,
one case.
For all intents and
purposes,
this Court
but within
holds that the
Applicants are, and continue to be, part of Suit No. 95/2003.
125.
This Court observes that the Applicants do not show proof of an
end of the action before domestic Courts. Even if this Court were to
accept their arguments that they are a separate group and have a
different claim from the other claimants
in Suit 95/2003,
there is no
indication that they have exhausted local remedies. They argue that
although they appeared
together
before
Justice Twaib,
the latter's
ruling of 23 May 2011, “only dismissed the new payroll list delivered
to him by Applicants on List 3A...", suggesting that the Judge did not
rule on the claim by claimants on List 3A1.
126.
Even if this assertion is true, the Court is of the view that while
employees listed as List 3A have applied for leave to appeal to the —-—~
Court of Appeal, ex-employees listed as List 3A1, who are pentcantt—
4
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