32
AFRICAN COURT LAW REPORT VOLUME 1 (2006-2016)
Tanganyika Law Society, Legal and Human Rights Centre and
Reverend Christopher R Mtikila v Tanzania (joinder) (2011) 1
AfCLR 32
In the matters of the Tanganyika Law Society and the Legal and Human
Rights Centre v The United Republic of Tanzania and Reverend
Christopher Mtikila v The United Republic of Tanzania
Order, 22 September 2011, Done in English and French, the English text
being authoritative.
Judges: NIYUNGEKO, AKUFFO, MUTSINZI, NGOEPE, GUINDO,
OUGUERGOUZ, MULENGA, TAMBALA, THOMPSON and ORÉ
The Court joined two cases submitted against Tanzania dealing with the
same issue, namely, whether the prohibition of independent candidates to
contest elections violated the African Charter.
Procedure (joinder, 5)
1. Having regard to the Application dated 2 June 2011 and received at
the Registry of the Court on the same date, by which the Tanganyika
Law Society and the Legal and Human Rights Centre (hereinafter
referred to as the First Applicants) instituted proceedings against the
United Republic of Tanzania (hereinafter referred to as the
Respondent);
2. Having regard to the Application dated 10 June 2011 and received at
the Registry of the Court on the same date, by which Reverend
Christopher Mtikila (hereinafter referred to as the Second Applicant)
instituted proceedings against the Respondent;
3. Having regard to Rule 54 of the Rules of Court, in accordance with
which ‘The Court may, at any stage of the pleadings, either on its own
volition or in response to an Application by any of the parties, order the
joinder of the interrelated cases and pleadings where it deems
appropriate both in fact and in law’;
4. Noting that the subject matter and the defendant in the two cases are
the same;
5. Considering that a joinder is appropriate both in fact and in law;
The Court orders:
1. The joinder of the Applications and pleadings by the First and
Second Applications against the Respondent.
2. That, henceforth the Application shall be known as: Applications 009
& 011 – Tanganyika Law Society and The Legal and Human Rights