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Citation
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Judgment date
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| January 2026 |
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Stay granted pending appeal of Trial Court order restraining swearing-in of the applicant's EALA MPs.
Treaty interpretation – Article 50 (Election of EALA members) and Article 52 (reserved national competence); interlocutory relief – stay of execution under Rule 87 (arguable appeal, substantial loss, delay, security, balance of convenience); jurisdictional limits of regional court; preservation of Partner State representation in regional legislature; continuity of Community legal representation despite CTC vacancy.
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19 January 2026 |
| November 2025 |
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A one-day late service due to difficulty accessing an incarcerated applicant was excused; respondent’s response validated and application dismissed.
Civil procedure — Computation of time (Rule 3) — Service on incarcerated persons — Extension of time and validation of late service under Rules 4 and 5 for "sufficient reason" — One-day delay excused where bona fide difficulty and no prejudice — Strike‑out refused.
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28 November 2025 |
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Applicant failed to prove that the appointment of a sitting judge as DPP breached Treaty good‑governance or Ugandan law.
Treaty law — Articles 6(d) and 7(2) — judicial independence and separation of powers — compatibility of a sitting judge’s appointment as Director of Public Prosecutions — leave of absence vs resignation — Public Service Commission headhunting and Regulation 17(3) — parliamentary in‑camera vetting and Rule 165(2) — burden of proof for Treaty breaches.
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27 November 2025 |
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The applicants' claim dismissed as time‑barred and moot for relying on expired water‑release policies.
Treaty jurisdiction – Article 30(2) two‑month limitation – time‑bar and ratione temporis – mootness and doctrine of mootness – Agreed Curve and New Water Release and Abstraction Policy not in force – continuing‑violation doctrine rejected – burden of proof on applicant to show timely filing – riparian flooding claims based on expired policy.
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27 November 2025 |
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Failure to exhaust an agreed arbitration clause ousts the Court's jurisdiction; Reference dismissed with costs.
Arbitration clause – mandatory amicable settlement then arbitration – exhaustion of agreed arbitration as substantive precondition to EACJ jurisdiction – party autonomy and forum selection – dismissal for lack of jurisdiction (ratione materiae).
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26 November 2025 |
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Reference dismissed as time-barred under Article 30(2); Court lacked jurisdiction ratione temporis.
Treaty limitation — Article 30(2) two-month period; accrual of cause of action; jurisdiction ratione temporis; pursuit of domestic remedies does not suspend or extend Treaty time limits; continuing-violation doctrine inapplicable; dismissal for being time-barred; costs follow the event.
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25 November 2025 |
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Court stayed implementation of an international trade agreement pending Reference, finding likely irreparable environmental harm.
Interim relief – interlocutory injunction – trifold test (serious triable issue; irreparable injury; balance of convenience) – international trade agreement – environmental irreparability – Article 39 Treaty powers – notification under Article 37 and variable geometry.
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24 November 2025 |
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Court restrained EALA from seating Somalia’s nominees pending determination that alleged Article 50 breaches be fully adjudicated.
Treaty interpretation – Article 50 (election of EALA members) – pre-seating challenges within EACJ jurisdiction; Article 52 – post-seating membership questions reserved to domestic organs; Interim relief – Giella v Cassman Brown three-limb test applied; Preservation of institutional integrity and representativeness in regional bodies; Certification of urgency.
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21 November 2025 |
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Court accepts jurisdiction over post‑accession events, refuses strike‑out for untranslated documents, allows translations and new evidence.
Treaty interpretation – non-retroactivity; jurisdiction ratione materiae and ratione temporis – Article 28 References by Partner States; Article 30(2) time limit inapplicable to inter-State References; procedure – language of Court and Rule 11 translations; Rule 47 strike-out powers; discretion to admit late evidence and translations; authentication of affidavits – factual inquiry.
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21 November 2025 |
| March 2025 |
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7 March 2025 |
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7 March 2025 |
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7 March 2025 |
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A dismissal order is not capable of execution; stay under rule 87 is unavailable and the application is dismissed.
Civil procedure — Stay of execution — Rule 87(1)-(4) — stay only of orders capable of execution; dismissal orders not executable; inherent powers (rule 4) cannot be used to override express procedural rules; costs follow the event.
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6 March 2025 |
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Trial court's bifurcation and premature finding on the respondent's institutional status was procedurally irregular; matter remitted for full hearing.
Procedure — Bifurcation of proceedings — Jurisdictional objections involving mixed questions of law and fact — Fair hearing and equality of arms — Rule of law — Premature determination of institutional status — Remittal for full hearing.
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4 March 2025 |
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Court declined to strike out a late, imperfect Amended Record and allowed the appeal to proceed; each party bears its own costs.
Civil procedure – Appeal – Application to strike out Amended Record of Appeal under rule 91 – Timeliness and scope of amendments – Competence of affidavits sworn by counsel – Discretion on costs; treaty interpretation – public interest in saving appeals.
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3 March 2025 |
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Review denied where alleged new evidence was known or discoverable and no error apparent on the record.
Judicial review — Article 35(3) Treaty & Rules 83/123 — exceptional remedy for newly discovered evidence, mistake or error on face of record — requirements of unknown, undiscoverable and decisive fact — review not a disguised appeal.
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3 March 2025 |
| February 2025 |
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Reference dismissed as time‑barred under Article 30(2); temporal jurisdiction begins when national court decision crystallizes the cause of action.
Treaty interpretation — Article 30(2) — two‑month limitation period; jurisdiction ratione temporis; review of state organs and national courts; time of accrual/knowledge of cause of action; costs follow the event.
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28 February 2025 |
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25 February 2025 |
| November 2024 |
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The applicant's challenge to mandatory pregnancy testing and expulsion was dismissed as time‑barred under Article 30(2).
Treaty jurisdiction – Article 30(2) two‑month limitation; ratione temporis; pre‑existing policy v later statements; time‑barred complaints; jurisdictional dismissal.
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29 November 2024 |
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Court found jurisdiction and a cause of action but dismissed the Reference as moot after the respondent State’s accession to the EAC.
EAC law — Admission of new member — Jurisdiction ratione materiae under Articles 23 and 27(1) — Cause of action under Article 30(1) — Mootness/overtaken by events after accession — Pre‑accession human‑rights violations not governed by Treaty (pacta sunt servanda/Vienna Convention).
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29 November 2024 |
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Whether a constitutional electoral commission may intervene and whether overlapping intervention applications should be consolidated.
Procedure – Intervention by constitutional body – Leave to intervene under Article 40 and Rule 59 – Overlapping interlocutory applications – Consolidation and judicial economy versus procedural fairness – Unified decision on substantively identical intervention applications.
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28 November 2024 |
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A constitutional commission’s bid to intervene was dismissed for lack of a distinct, indispensable interest and potential duplication.
Intervention – Article 40 Treaty – Rule 59(4) – standing of state organ/constitutional commission to intervene – distinction between Article 30 References and Article 40 intervention – requirement of direct and substantial interest – avoidance of duplicative representation – preliminary objection on jurisdiction dismissed.
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28 November 2024 |
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EACJ may review Partner State compliance with the Treaty but lacks appellate power to overturn or stay apex court judgments.
Jurisdiction — East African Court of Justice — distinction between Treaty-compliance review and appellate/merit review — Articles 6 and 7 Treaty — limits on staying or overturning Partner State apex court decisions — separability doctrine — interim conservatory relief.
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28 November 2024 |
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Repossession of purchased land without compensation violated national law and Treaty; applicant awarded compensation entitlement and US$5,000,000 general damages.
Property law — Purchase from concessionaire — Cabinet/ministerial authorisation to dispose — Cancellation of title and repossession without hearing or compensation — Violation of national law and Treaty (Articles 6(d), 7(2)) — Locus standi of deceased's estate — Compensation and general damages.
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28 November 2024 |
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Court affirmed Treaty jurisdiction but refused interim injunctions for lack of demonstrated irreparable harm.
Treaty interpretation – Jurisdiction ratione materiae under Articles 27(1) & 30(1); exhaustion of local remedies not mandatory; interim orders – trifold test (serious triable issue; irreparable injury; balance of convenience); refusal where irreparable harm not shown and attempted stay of non‑existent taxation deemed abuse of process.
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26 November 2024 |
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The Court lacked jurisdiction over African Charter complaints and dismissed the untimely Reference, awarding costs to the respondent.
Jurisdiction — ratione materiae v. ratione temporis — EACJ jurisdiction limited to Treaty interpretation and application; African Charter/African Commission matters are external; Article 30(2) two‑month time bar; consolidation refused where no jurisdiction.
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26 November 2024 |
| October 2024 |
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A reference challenging tariff preference denial was dismissed as time-barred for being filed one day late.
Treaty procedure — Article 30(2) limitation — computation of months under Laws of the Community (Interpretation) Act s.63 — corresponding-date rule (corresponding date less one) — jurisdiction ratione temporis — time-bar — preferential tariff/Rules of Origin challenge not reached on merits.
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11 October 2024 |
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Reference dismissed for being unsupported by a mandatory affidavit and for lack of authorised representation of the 2nd Applicant.
Civil procedure – Competency of Reference – Requirement for supporting affidavit under Rule 25(3) – Corporate representation and locus standi under Rule 19(5) – Affidavits as evidence not amenable to amendment – Prior expurgated affidavit cannot support subsequent filing.
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10 October 2024 |
| March 2024 |
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Recusal application dismissed for delay and failure to establish reasonable apprehension of judicial bias; costs awarded to respondent.
Judicial recusal — reasonable apprehension of bias — presumption of impartiality — burden on applicant to adduce objective evidence — timing/abuse of process — judge’s duty to sit — costs follow the event.
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27 March 2024 |
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Court held Tanzania's 2019 amendments did not breach EAC Treaty or Common Market Protocol and dismissed the Reference.
Treaty compliance — national legislation — three-part proportionality test (law/clarity; pressing and substantial objective; proportionality) — public participation and certificate of urgency — clarity of statutory language — regulation of NGOs, companies, societies and film industry — alignment with anti–money laundering obligations — remedial avenues and judicial review.
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27 March 2024 |
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No Treaty breach found; applicants failed to prove lawful land ownership—Reference dismissed.
Treaty law – Articles 6(d) & 7(2) (good governance, rule of law) – Procedural fairness – Special Court procedure (Article 58) – Joining preliminary questions with merits (Article 5 principle) – Customary land acquisition vs. formal title – Burden of proof – Reliefs and costs.
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27 March 2024 |
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The Court dismissed the Reference and Application as time-barred under Article 30(2), holding the MoU signing began the two-month limitation.
Treaty time-limits – Article 30(2) EAC Treaty – two-month limitation – starting point: act first effected (signing of MoU) – arrival of implementation equipment not a new cause – no power to extend time – jurisdiction ratione temporis – dismissal of time-barred Reference.
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26 March 2024 |
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Reference dismissed: Court lacks jurisdiction over pre-accession acts and the claim is time-barred under Article 30(2).
Treaty jurisdiction – ratione temporis – Article 30(2) two-month limitation – non-retroactivity of Treaty – knowledge of cause of action – time-bar – costs discretion.
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26 March 2024 |
| February 2024 |
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State cancellation of a land title without forensic proof breaches Article 6(d); trial court awarded excessive relief (ultra petita).
Property law – Presumption of authenticity of title deeds – Allegation of fraudulent title requires special action/forensic inquiry under domestic law; Treaty (Art. 6(d), 7(2)) – state cancellation without proof breaches rule of law; Appellate jurisdiction (Arts. 35/35A) – limits of appeal; Ultra petita – remedy remitted to trial court.
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27 February 2024 |
| November 2023 |
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Court dismissed Treaty challenge for lack of temporal jurisdiction under Article 30(2) and non-retroactivity.
Jurisdiction — Article 30(2) EAC Treaty — ratione temporis — two-month time limit — challenge to statute measured from date of enactment — no continuing breach doctrine; Treaty non-retroactivity; refusal to entertain References impugning laws enacted before Treaty entry into force.
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30 November 2023 |
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Reference challenging EACOP agreements dismissed as time‑barred under Article 30(2); court lacked jurisdiction ratione temporis.
Procedure — Preliminary objections — Limitation and jurisdiction ratione temporis under Article 30(2) of the Treaty — Court confined to pleadings and attachments — No power to extend or condone statutory two‑month filing period.
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29 November 2023 |
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Appeal allowed and reference remitted after trial court failed to consider affidavits, improperly discounted expert evidence, and misapplied proof standard.
Administrative law — evaluation of evidence — requirement to analyse and give reasons for excluding affidavits; Evidence — expert evidence — court may summon or require production of documents under Rule 66(3) and inherent powers; Standard of proof — civil cases require balance of probabilities; Remedies — remittal for rehearing de novo where procedural/legal errors occasion prejudice; Costs — award of costs to successful appellant.
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29 November 2023 |
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Reference dismissed for failure to accompany the Statement of Reference with required documentary evidence; merits not considered.
Court procedure — Rule 24(3) Rules of Procedure 2013 — Requirement that a Statement of Reference seeking annulment be accompanied by documentary evidence at filing — Failure to file documentary evidence renders Reference improperly before Court — Late filing of documents does not cure non-compliance — Court will not consider merits where mandatory procedural rule breached.
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29 November 2023 |
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Applicant has locus standi, but Reference dismissed as time-barred; Court lacked jurisdiction to hear merits.
EACJ — jurisdiction ratione temporis — Article 30(2) Treaty — computation of two-month limitation by calendar months; locus standi of corporate applicant; land dispossession and compensation claims; dismissal for being time-barred; costs — each party to bear own costs.
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28 November 2023 |
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Whether a consent judgment signed by a registrar without a proper judicial quorum may be set aside.
Civil procedure — Consent judgment — Rule 62 (recording compromise) — Requirement that Court satisfy itself and entry by proper Bench — Rule 69 quorum — Decree signed by Registrar without proceedings is void — Slip rule cannot cure nullity — Locus standi to seek review — Change of counsel and extension of time — Res judicata and functus officio inapplicable where no valid judgment.
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27 November 2023 |
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A record of appeal lacking the mandatory notice of appeal is incompetent and may be struck out with costs.
Procedure — Appeal competence — Notice of Appeal mandatory — Service and affidavit of service — Rules 88, 89, 96, 98, 101, 109 and 91 — Record of Appeal must include Notice of Appeal — Failure to prove service — Costs follow event (Rule 127).
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23 November 2023 |
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Reference dismissed as time‑barred under Article 30(2); court lacked jurisdiction to adjudicate alleged border‑closure claims.
Treaty limitation — Article 30(2) two‑month time bar — strict application; jurisdiction ratione temporis; expunged affidavits and substitution; alleged border‑closure/trade rights not reached on merits.
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15 November 2023 |
| May 2023 |
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Quorum rules set by the Council under Article 15(2) are distinct from Article 13 membership and did not render the 39th meeting unlawful.
Treaty interpretation – membership versus quorum – Article 13 (membership) vs Article 15(2) (Council’s power to set procedure) – Rules of Procedure on quorum; Sectoral Council composition; consistency of subsidiary rules with Treaty.
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31 May 2023 |
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An employment claim under Article 31 was time‑barred by the Staff Rules' 12‑month limitation; appeal dismissed.
Employment disputes — Article 31 Treaty jurisdiction — interaction with Staff Rules — Regulation 104 (12‑month limitation) — jurisdiction ratione temporis — expired contract — time‑barred claims.
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30 May 2023 |
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Appeal dismissed; Court upheld that specified political‑party amendments unjustifiably limited Treaty‑protected democratic rights.
Constitutional/Regional law – Political parties legislation – Vagueness and overbreadth – Limitation of Treaty rights – Burden of proof – Three‑tier proportionality test – Jurisdiction of EACJ – Costs in public interest litigation.
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26 May 2023 |
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Reference filed outside Article 30(2) two‑month limit is time‑barred; cause of action is to be determined from pleadings.
Treaty law – Article 30(2) – two‑month limitation for References; jurisdiction ratione temporis; cause of action to be gleaned from pleadings; scheduling conference issues binding; Ombudsman decision not a separate cause where pleadings target another act; costs – each party to bear own costs.
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24 May 2023 |
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Reference alleging continued withholding of frozen funds was time‑barred under Article 30(2); trial court rightly dismissed it.
Treaty law — Article 30(2) limitation — commencement of time; strict interpretation; continuous breach vs instantaneous acts; jurisdictional bar; detinue claim; procedural remittal; costs discretion.
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22 May 2023 |
| February 2023 |
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Court allowed six‑day late filing, deeming the Record of Appeal filed on time under Rule 5 for sufficient reasons.
Civil procedure — Extension of time (Rule 5) — "sufficient reason" — six‑day delay — failure to serve application for proceedings — procedural slips not fatal — costs to abide appeal outcome.
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27 February 2023 |
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An appeal from a Principal Judge’s single-judge refusal to admit amicus curiae is not appealable to the Appellate Division; remedy lies with the Full Court.
Appellate jurisdiction — Appealability of single-judge decisions — Amicus curiae applications under Rule 60 EACJ Rules 2019 — Quorum and interlocutory matters under Rule 69 — Remedy under Rule 69(3) to have single-judge decision varied, discharged or reversed by Full Court.
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24 February 2023 |
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Whether the Appellate Division can hear appeals from a single-judge denial of amicus curiae — court held it lacked jurisdiction.
Court procedure — Amicus curiae — Rule 60 (Principal Judge may grant leave as single judge) — Single-judge decisions — Rule 69(3) (full bench review) — Appellate Division jurisdiction — Locus standi — Extension of time to appeal.
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24 February 2023 |