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hand, Mr. Mark Mulwambo and Mr. Obadia Kameya, the learned Senior
and Principal State Attorneys, respectively, who represented the
Respondent, applied for leave to make an oral application under Rule
21(7) for extension of time within which to file a response to the
Reference. We granted their request.
One of the reasons advanced by the learned Counsels for the
Respondent for the delay in filing their response to the Reference was
that on perusal of the Reference, they discovered that the matters in
the Reference were similar to those in another matter that was pending
before the High Court at Dodoma, where they had raised preliminary
objections. Therefore, they were waiting for that ruling and were
contemplating challenging the Reference as sub‐judice.
Secondly, they told Court that they had spent time in carrying out
research and consultations. This took some time since they had to
make physical follow up in the National Assembly from where the
matter arose. By the time they were ready, the 45 days in which they
had to file a response had lapsed.
They also told Court that they did not sit idly by, but made frantic
attempts to lodge the documents they had prepared in the sub‐Registry
at Dar es Salaam, but were informed that the 15 US Dollars they had
paid was insufficient and that the correct fee was 400 US Dollars. They
further stated that they made every effort to contact the Registrar for
clarification, including calling him on his cellular phone, but their efforts
were futile as the Registrar informed them that he was on leave.
Lastly, but most importantly, in their view, they made very spirited
submissions that the Reference requires the interpretation of Article 50
of the Treaty. It is thus a very important matter, since it touches the
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