12.
Given the tension generated by the case nationally, the Court of
Appealof Tanzania, in accordance with section 4(3) of the Appellate
Jurisdiction Act, Cap 141 R.E. 2002, took up the matter and rendered
a decision in which it declared that the High Court had been properly
seized to issue the Certificate requested , and ordered that the matter
be re-examined and disposed of by another Judge of the High Court.
13.
According to the Applicants, the case was assigned to Justice
Fauz Twaib. They claim that when they appeared before Justice
Twaib, their colleagues listed under List 3A adopted a different
approach . According to them, their colleagues submitted an amount
which was higher and requested the Judge to substitute it for the one
which had been taken into account by the Court of Appeal.
14.
In his judgement dated 23 May 2011 , Justice Fauz Twaib
dismissed the application entirely, on the grounds that there was no
outstanding amount to be paid.
15.
The Applicants aver further that following this decision, they left
the Courtroom in anger but stayed in front of the Court premises.
They later sent their representatives to see the Chief Justice of
Tanzania to direct them as to the way forward.
16.
According to the Applicants, while waiting for the answers, the
Respondent sent an elite force of the Tanzania Police to disperse
them. Pandemonium ensued since the complainants wanted to leave
7
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