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East African Court of Justice - 2012

13 judgments
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13 judgments
Citation
Judgment date
July 2012
Kahoho v Secretary General of East African Community (Reference 1 of 2012) [2012] EACJ 12 (19 July 2012)
An application for interim orders restraining EAC Secretariat implementation of Summit directives pending reference determination was dismissed.
East African Community law – interim injunctions – conditions for grant – interpretation of Treaty provisions – whether Summit directives can be issued directly to Secretariat – operation of Article 38(2) of EAC Treaty.
 19 July 2012
Kahoho v Secretary General of The East African Community (Application 5 of 2012) [2012] EACJ 23 (19 July 2012)
The Court dismissed an application for an interim injunction as the applicant failed to show irreparable harm or shift the balance of convenience.
East African Community law – Interim injunction – Conditions for grant – Implementation of Summit directives – Interpretation of Treaty – Article 38(2) as automatic injunction – Prima facie case – Irreparable harm – Balance of convenience.
 19 July 2012
June 2012
Omar and Others v Attorney General of Uganda (Application 1 of 2012) [2012] EACJ 11 (27 June 2012) (Appellate Division)
An application was dismissed for non-attendance, while the underlying appeal was adjourned to ensure a fair hearing.
Civil procedure – non-appearance of applicant – dismissal for non-prosecution – abuse of court process – adjournment for inter partes hearing in light of serious substantive issues – Rule 61(2) and Rule 86 of EACJ Rules of Procedure.
 27 June 2012
Attorney General of Republic of Rwanda v Rugumba (Appeal 1 of 2012) [2012] EACJ 10 (1 June 2012) (Appellate Division)
The EACJ has jurisdiction to interpret the Treaty where a Partner State breaches good governance principles, even if human rights are implicated.
Regional integration law – jurisdiction of the East African Court of Justice – interpretation and application of EAC Treaty provisions – fundamental principles of good governance, rule of law, and human rights – exhaustion of local remedies – time-bar for lodging references – arbitrary detention by a partner state – cause of action under regional treaty distinguished from ordinary human rights claims.
 1 June 2012
May 2012
Legal Brains Trust Limited v A.G. of Republic of Uganda (Appeal 4 of 2012) [2012] EACJ 9 (19 May 2012) (Appellate Division)
A reference lacking locus standi, real dispute, or proper invocation of Treaty procedures is not justiciable before the EACJ.
Jurisdiction – locus standi under Treaty – advisory opinions – justiciability – hypothetical questions – proper parties to commence proceedings before EACJ under Articles 30 and 36 – Treaty interpretation – EALA member term limits.
 19 May 2012
Democratic Party and Another v Secretary General of East African Community and Another (Application 6 of 2011) [2012] EACJ 8 (10 May 2012) (First Instance Division)
EALA elections in Uganda restrained until parliamentary rules are amended to comply with the East African Community Treaty.
East African Community law – compliance with Treaty obligations – elections to the East African Legislative Assembly – requirement for fair representation of political parties, shades of opinion, gender and special interest groups – judicial review of national procedures for EALA elections – inordinate delay in amending national rules to conform to Treaty – court’s power to restrain national authorities from proceeding with non-compliant elections.
 10 May 2012
April 2012
Mjawasi and Others v A.G. of Republic of Kenya (Appeal 4 of 2011) [2012] EACJ 7 (27 April 2012) (Appellate Division)
The EACJ lacks jurisdiction to hear claims based on acts that occurred before the entry into force of the EAC Treaty of 2000.
Regional integration law – East African Community Treaty – non-retroactivity – jurisdiction – whether the EAC Treaty 2000 applies to acts arising before its entry into force – doctrine of non-retroactivity – preliminary objection.
 27 April 2012
March 2012
Legal Brains Trust Limited v A.G. of Uganda (Reference 10 of 2011) [2012] EACJ 6 (30 March 2012) (First Instance Division)
Article 51(1) of the EAC Treaty limits EALA members to two terms; Attorney General's legal advice did not infringe the Treaty.
Regional integration law – interpretation of Treaty provisions – tenure of elected members of EALA – Treaty interpretation – limitation of terms of service – discretion of Attorney General to seek advisory opinion – Vienna Convention rules applied.
 30 March 2012
Alcon international Limited v Standard Charted Bank of Uganda and Others (Application 2 of 2011) [2012] EACJ 5 (16 March 2012) (Appellate Division)
A dismissal based on disputed facts rather than pure law is not a valid preliminary objection; jurisdiction must be determined first.
East African Community law – jurisdiction – preliminary objections – distinction between issues of fact and law – duty to determine jurisdiction as threshold issue – appellate procedure – remit to lower court for determination of undecided issues.
 16 March 2012
Attorney General of Republic of Kenya v Independent Medical Legal Unit (Appeal No. 1 of 2011) [2012] EACJ 4 (15 March 2012) (Appellate Division)
A Reference alleging Treaty breaches was struck out as time-barred since it was filed beyond the EACJ's two-month limitation period.
Regional integration law – East African Court of Justice – reference for interpretation of EAC Treaty – jurisdiction limited to breaches of Treaty provisions and not direct enforcement of human rights – limitation period for filing references – strict two-month deadline under Article 30(2) – no implied power to extend period or recognize continuing violation exception – proper procedure for preliminary objections.
 15 March 2012
February 2012
Omar and Others v A.G. Republic of Kenya and Others (Application 4 of 2011) [2012] EACJ 3 (28 February 2012)
The court granted a stay of proceedings pending appeal, finding sufficient cause but refusing to assess merits or grant interim relief.
Civil procedure – application for stay of proceedings – discretion of the court – oral application – requirement for notice – assessment of merits for appeal not within jurisdiction at this stage.
 28 February 2012
January 2012
Sebalu v Secretary General of East African Community and Another (Reference 1 of 2011) [2012] EACJ 1 (20 January 2012)
A bill of costs must be supported by proper documentation, and only reasonable, non-excessive claims will be allowed.
Taxation of costs – Requirement for supporting documentation – Assessment of reasonable instruction fees and getting up fees – Disallowance of excessive and unsupported claims – Application of VAT – Party and party costs in the East African Court of Justice.
 20 January 2012
Sebalu v Secretary General of East African Community and Another (Taxation Cause No.1 of 2011) [2012] EACJ 24 (20 January 2012)
The taxing officer set aside excessive cost claims, awarding reasonable costs only for items substantiated by proper receipts.
Costs – Taxation of bill of costs – Discretion of Taxing Officer – Instruction fees – Requirement for receipts – Assessment of reasonable costs in light of complexity, novelty, and supporting documentation – East African Court of Justice Rules.
 20 January 2012