12.
Given the tension generated by the case nationally, the Court of
Appealof Tanzania,
in accordance with section 4(3) of the Appellate
Jurisdiction Act, Cap 141 R.E. 2002, took up the matter and rendered
a decision in which it declared that the High Court had been properly
seized to issue the Certificate requested, and ordered that the matter
be re-examined and disposed of by another Judge of the High Court.
13.
According to the Applicants, the case was assigned to Justice
Fauz
Twaib,
Twaib.
They
their
approach.
claim
colleagues
that when
listed
they
under
appeared
List
3A
before
adopted
a
Justice
different
According to them, their colleagues submitted an amount
which was higher and requested the Judge to substitute it for the one
which had been taken into account by the Court of Appeal.
14.
In his judgement
dated
23
May
2011,
Justice
Fauz
Twaib
dismissed the application entirely, on the grounds that there was no
outstanding amount to be paid.
15:
The Applicants aver further that following this decision, they left
the Courtroom
They
later sent
in anger but stayed
their
in front of the Court premises.
representatives
to see
the
Chief
Justice
of
Tanzania to direct them as to the way forward.
16.
According to the Applicants, while waiting for the answers, the
Respondent
sent an elite force of the Tanzania
Police to disperse
them. Pandemonium ensued since the complainants wanted to leave
&y4
ty
: AG.
Cc
eS