African Network for Animal Welfare (ANAW) v Attorney General of the Republic of Tanzania [2013] RC 5 (KLR)
- Court
- RC
- Case number
- 5
- Citation
- [2013] RC 5 (KLR)
- Decided
- 25 April 2013
The expert's Report is admitted into the record and deemed filed within time. The Report shall be served upon the Respondent. The Respondent shall file and serve written statements for its proposed witnesses within 14 days. The hearing of the Reference is adjourned to a date to be given by notice to the parties.
Facts
The Applicant filed an expert's report on the Mugumu-Tabora B-Klein's Gate-Loliondo Road, but it was lodged two days after the deadline due to the expert's need to visit the disputed road.
Issues
- Whether the Applicant was obligated to serve the expert's Report upon filing it.
- Whether the Respondent was obligated to file and serve witness statements before the hearing of the Reference.
- Whether the hearing of the Reference should be adjourned.
Reasoning
The Court found that the delay in filing the expert's report was reasonable and necessary, and that the reasons given were sufficient. The Court also ruled that the Respondent's obligation to file and serve witness statements was not an express requirement but was waived by the Respondent.
Outcome
The appeal is dismissed.
Orders
- The expert's Report is admitted into the record and deemed filed within time.
- The Report shall be served upon the Respondent.
- The Respondent shall file and serve written statements for its proposed witnesses within 14 days.
- The hearing of the Reference is adjourned to a date to be given by notice to the parties.
Remedies
- Each party should bear its own costs.
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