Commission, once Reference No. 2 of 2014 is heard and determined on its merits.
That, in our view, is the best course of action in the wider interests of justice.
31. Having disposed of the main issues in the Application, we do not see any reason to
delve into the issue whether Prof. Ndetije is the legal representative of UPRONA Party
and whether Mr. Nshimirimana was properly appointed to act in these proceedings.
Conclusion
32. Land is an emotive issue in the East African region and Courts generally bear that
fact in mind when settling disputes tied to land, but as regards the Application before
us, we have said why we see no merit in it and we shall dismiss it as prayed by the
Respondents.
33. Regarding the costs, let the same abide the outcome of Reference No. 2 of 2014.
Orders accordingly.
DATED, SIGNED AND DELIVERED AT ARUSHA THIS …..DAY OF …………….2014
………………...
ISAAC LENAOLA
DEPUTY PRINCIPAL JUDGE
………………..
*JOHN MKWAWA
JUDGE (RETIRED)
………………………
FAUSTIN NTEZILYAYO
JUDGE
*NB: Hon.Mr.Justice John Mkwawa participated in the hearing and deliberations leading to this
Ruling. He retired from the Court on 26th June 2014.
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