Arusha. The East African Court of Justice (EACJ) will on March 15 decide whether the permanent injunction its lower division handed the government and effectively blocked the latter's attempt to construct a highway through the Serengeti National Park should stand.

The Appellate Division of the EACJ set the date after it heard an  Appeal on Tuesday by the Attorney General of Tanzania disputing the permanent injunction handed to the government last year by the First Instance Division of the regional court.

Appearing before Justices Harold Nsekela, Emilie Kayitesi and James Ogoola, principal state attorney Gabriel Malata had asked the EACJ Appellate Division to strike out the ruling of the First Instance Division. He argued that while the lower division of the Court had jurisdiction to hear the matter under Article 27 of the EAC Treaty, it did not have powers to order a permanent injunction against the Government of Tanzania.

The permanent injunction followed a suit by the Africa Network for Animal Welfare (ANAW) contesting Tanzania's intention to build a "super highway" crossing the Serengeti, with the Nairobi-based organisation arguing it would be hazardous to animals.

Mr Saitabao Kanchory Mbalelo, the counsel representing the respondent (ANAW), however insisted that the, “First Instance Division has jurisdiction in the matter and powers to grant any other orders sought, including permanent injunctions.”

He added that permanent injunctions were equitable remedies available to the EACJ as they were in the national courts. He concluded by asking the court to dismiss the appeal.

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