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with costs, we find that due to the public importance of the matter at
hand as above shown, the justice of the case would demand that the
United Republic of Tanzania is afforded an opportunity to present its
side of the story so that the Court is assisted in making an informed
decision. Fortunately, Mr. Mbogoro also conceded that it would be
better, in the circumstances, to have the matter heard inter partes so
that both sides are given an opportunity to present their side of the
case.
We are also alive to the inherent powers of this Court under Rule 1(2),
which is to the effect, that:
(2) Nothing in these Rules shall be deemed to limit or otherwise affect
the inherent power of the Court to make such orders as may be
necessary for the ends of justice….”
We accordingly allow the application and order that:
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1. The Respondent shall file his response to the Reference within 15
days from the date of this Order.
2. The Respondent shall meet the costs of the application in any event.
It is so ordered.
Dated and Delivered at Arusha this 14th day of February 2013.
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JOHNSTON BUSINGYE
PRINCIPAL JUDGE
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