44.
As regards the evidence on undue prolongation of local remedies as predicted by Dr.
V. Umbricht, the Court notes that that entailed an account of a discussion between
Dr.
V.
Umbricht,
who
was
at the
time
the
liquidator
of the
EAC
and
President
Nyerere, on 7 May 1984 at Msasani.
45.
It therefore follows from the foregoing analysis, that the aforesaid evidence contains
a number of depositions filed by the Applicants and attached to the Brief dated 27
January 2012, as Annexures 12 and 4.1, respectively, received at the Registry on 30
January
2012,
and
were
subsequently
submitted
for consideration
by the
Court
during the previous procedure, leading to the Judgment of 28 March 2014.
46.
The
Court
deduces
from
the
aforesaid
that
the
documents
in question
do
not
that,
that
constitute new evidence and must therefore be dismissed.
47.
As
regards
the
Newspaper
article
of
16
March
2011,
the
Court
notes
evidence is being brought before it by the Applicant for the first time.
The Court notes that the author of that Article reported the directives issued by the
48.
then President of the United Republic of Tanzania, H.E. J. KIKWETE,
to the Minister
of Finance for payment of the former employees of the East African Community and
for adoption of appropriate measures to ensure prompt settlement of the case.
49.
The
Court
notes that,
although
produced
Article is of the nature to exert influence
for the first time
before
on its initial decision.
it, nothing
in that
In fact, the undue
prolongation of the remedies will be determined on the basis of the remedies actually
exercised or attempted before the local courts, rather than in light of statements and
reports.
50.
Moreover,
the
Court
finds
it quite
surprising
that
the
Applicants
claim
to
have
acquired knowledge of a Newspaper article so vital to their cause only after the Court
had rendered its decision of 28 March, 2014, whereas the said article has been in the
public domain since 11 March 2011, date of its publication.
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