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Citation
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Judgment date
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| November 2013 |
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The East African Court of Justice ordered amendment of Uganda's EALA election rules to conform with Article 50(1) of the EAC Treaty.
Regional integration law – Treaty interpretation – Rules of Procedure for election to EALA – Consistency with Article 50(1) of the EAC Treaty – Jurisdiction of East African Court of Justice – Role of national law in electoral rules gazettement – Electoral process consultation and consensus requirements.
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29 November 2013 |
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The Court held States' discretion to deposit declarations under Article 34(6) of the Protocol is not justiciable or time-bound.
East African Community Law – Treaty interpretation – Jurisdiction of Court – Discretion of States under Protocol to deposit declarations under Article 34(6) – Infringement of Treaty – Access to African Court on Human and Peoples’ Rights – Role and duties of Secretary General – Justiciability of executive action.
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29 November 2013 |
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Article 50(1) of the Treaty does not guarantee EALA seats to all parliamentary political parties; election procedure is reserved for national assemblies.
East African Community law – interpretation of Article 50(1) of the Treaty – election of EALA members – scope of parliamentary discretion – representation of political parties, shades of opinion, gender and special interest groups – procedural compliance under Rules of Procedure – locus standi – jurisdiction of the EACJ.
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25 November 2013 |
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Failure to implement EACJ judgments and pay awarded costs constitutes contempt of court and treaty infringement under the EAC Treaty.
Contempt of court – international law – regional integration – failure to implement EACJ judgments – treaty interpretation – binding nature of Summit decisions – Council of Ministers' discretion in protocol negotiation – good governance and rule of law.
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22 November 2013 |
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Appellate Division reaffirms it cannot hear appeals on matters of fact, only points of law, in EACJ proceedings.
Regional integration law – EAC Treaty – appellate jurisdiction – appeals limited to points of law, not fact – judicial review of First Instance Division’s factual findings – jurisdiction to review decisions of Partner States’ municipal courts – public interest litigation – referendum and constitutional process.
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8 November 2013 |
| September 2013 |
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The court upheld the Taxing Officer’s cost award, confirming proper exercise of discretion and dismissing the applicants’ reference.
Taxation of costs – instruction fees – discretion of taxing officer – relevance of complexity, importance, and precedent – proper scope of allowable costs – public interest litigation.
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13 September 2013 |
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A challenge to the Taxing Officer’s award of costs was dismissed; each party was ordered to bear its own costs.
Civil procedure – Taxation of costs – Review of Taxing Officer’s award – Instruction fees – Costs for document preparation, perusal, and attendances – Discretion of Taxing Officer – Public interest litigation.
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13 September 2013 |
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The applicant's claim was struck off as time-barred under Article 30(2) of the EAC Treaty due to delayed filing.
Regional integration law – Jurisdiction of East African Court of Justice – Limitation of actions – Time-barred proceedings – When knowledge of action complained of is deemed to accrue – Article 30(2) of East African Community Treaty.
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4 September 2013 |
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East African Court of Justice lacks jurisdiction to adjudicate cross-border investment disputes arising before the Common Market Protocol's entry into force.
International law – East African Community Treaty – Jurisdiction – Proper parties under Article 30(1) – Non-retroactivity of treaties – Bank guarantee and arbitral award set aside by national court – Justiciability – Cross-border investment disputes – Failure of Partner State to protect investment – Treaty interpretation – Dismissal of Reference where no live dispute subsists.
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2 September 2013 |
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Directions to defer taxation are not final rulings and do not render the Registrar functus officio; taxation may proceed.
Civil Procedure – Taxation of costs – Functus officio – Whether directions given constitute a final order – Court’s jurisdiction to continue with proceedings before final decision – Administrative directions versus binding rulings.
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2 September 2013 |
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The Court dismissed a reference for lack of jurisdiction and cause of action after the claimant’s underlying rights ceased to exist.
Jurisdiction – Proper parties – Effect of non-retroactivity of Treaty and Protocol – Capacity to bring a claim under Article 30(1) of the Treaty – Dismissal of claims where the underlying right ceases to exist – Costs.
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2 September 2013 |
| August 2013 |
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A non-governmental organization was allowed to intervene as amicus curiae to assist the court with legal arguments without prejudice to the parties.
Practice and procedure – intervention – amicus curiae – discretion of court to admit interveners – requirements for leave – independence of amicus – role of NGOs in proceedings
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28 August 2013 |
| May 2013 |
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Partner States must comply with EAC Treaty and Protocol obligations when denying entry to citizens of other Partner States.
East African Community law – Regional integration – Free movement of persons – Sovereignty of Partner States – Due process rights – Non-discrimination – Supremacy of Community law over national law – Immigration and prohibited immigrants – Denial of entry without reasons violates Treaty obligations.
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24 May 2013 |
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A Partner State successfully obtained a stay of orders allowing late additional evidence, pending appeal, after showing risk of prejudice.
Civil procedure – stay of execution – sufficiency of notice of appeal as basis for seeking stay – requirements for grant of stay – exemption from security for costs for Partner States – late introduction of evidence – inherent powers of court.
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17 May 2013 |
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The court held that the EAC Summit's directives on immunities, privileges, and political integration did not contravene the Treaty.
Regional integration – East African Community – Protocols – Whether immunities and privileges can be the subject of a protocol – Role of Secretariat in political integration – Interpretation of areas of co-operation under the Treaty – Judicial review of Summit and Secretariat actions – Citizen participation in integration processes.
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17 May 2013 |
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Amendments limiting the EACJ's jurisdiction undermine its supremacy, but Protocol dispute mechanisms do not oust the Court's original jurisdiction.
East African Community law – Treaty interpretation – amendments limiting EACJ jurisdiction – supremacy of EACJ – dispute settlement under Protocols – concurrent national and regional jurisdiction – effect on uniformity and Treaty objectives – procedural irregularity in amendment process.
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9 May 2013 |
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A taxing officer substantially reduced a bill of costs, disallowing excessive instruction fees and enforcing rules on proper documentation.
Costs – Taxation – Reasonableness and proper documentation of legal costs – Instruction fees – Duplication and quantum of costs – Scale of charges – Discretion of taxing officer
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3 May 2013 |
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A taxing officer reduced a sizable bill of costs, allowing only supported claims and setting reasonable instruction fees to ensure fairness.
Costs – Taxation of bill of costs – Instruction fees – Necessity of original receipts for disbursement claims – Discretion of taxing officer – Reasonableness and proportionality of legal costs – Interpretation of court rules on cost schedules.
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3 May 2013 |
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The court strictly applied its Rules to tax a bill of costs, admitting only proven expenses and awarding a reasonable instruction fee.
Costs – Taxation – Bill of Costs – Strict application of Court Rules – Admission of evidence for disbursements – Criteria for instruction fees – Public interest in awarding costs
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3 May 2013 |
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A bill of costs must be taxed strictly in accordance with court rules, with only properly supported claims allowed.
Costs – Taxation of bill of costs – adherence to applicable rules and schedules – perusal and drawing of documents – admissibility of evidence for disbursements – instruction fee – appellate proceedings – public interest – best evidence rule.
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3 May 2013 |
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Limitation periods in Article 30(2) do not apply to employee disputes brought under Article 31 of the Treaty.
East African Community Law – employment disputes – Treaty for the Establishment of the East African Community – whether Article 30(2) limitation period applies to employee claims under Article 31 – distinction between procedures for References and Statements of Claim – Court’s jurisdiction over employment disputes.
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2 May 2013 |
| April 2013 |
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A brief late filing of an expert report was admitted where delay was minimal and the report necessary to a fair hearing.
Civil procedure – extension of time – late filing of expert report – discretion of court to extend time – necessity of document – service of documents – witness statements – adjournment of proceedings.
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25 April 2013 |
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A reference alleging continuing Treaty violation is time-barred if filed beyond two months from the initial act’s occurrence or awareness.
Regional integration law – Computation of limitation period – Article 30(2) of East African Community Treaty – Whether two-month time limit applies to continuing violations – Interpretation of limitation period and scope for exceptions – Principle of legal certainty in regional integration disputes.
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15 April 2013 |
| March 2013 |
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The Appellate Division of the East African Court of Justice has jurisdiction to review its own judgments, but review is narrowly constrained.
Court jurisdiction – review of judgments – EACJ Appellate Division – scope of review under Article 35(3) of the Treaty – errors apparent on the face of the record – distinction between appeal and review – finality of judgments.
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1 March 2013 |
| February 2013 |
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Court stayed proceedings in a related reference to await the outcome of an appeal with overlapping facts and legal questions.
Civil procedure – stay of proceedings – inherent jurisdiction – overlapping cases – potential for conflicting decisions – effect of appeal decision on pending proceedings – interest of justice and judicial economy.
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14 February 2013 |
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Leave granted to adduce further evidence after pleadings closed where necessary for fair hearing and no undue prejudice shown.
Civil procedure – leave to adduce further evidence – post-pleadings – discretion of court under Rule 46 – application of Ladd v Marshall principles – fairness to parties – opportunity for rebuttal – interests of justice.
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14 February 2013 |
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Provisions in EAC Protocols creating dispute resolution mechanisms do not oust the East African Court of Justice’s interpretative jurisdiction.
Regional integration law – EAC Treaty – Customs Union Protocol – Common Market Protocol – Dispute settlement mechanisms – Jurisdiction of the East African Court of Justice – Interpretation of Treaty and Protocols – Supremacy of EACJ in Treaty interpretation – Whether Protocols oust the Court’s jurisdiction.
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14 February 2013 |
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Extension of time for response granted owing to public importance of EALA election dispute, despite insufficient reasons for delay.
Civil procedure – extension of time – discretion of the court under Rule 4 of EACJ Rules – sufficiency of reasons for delay – public importance of matter – interests of justice – application for leave to file response out of time – costs.
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14 February 2013 |
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A late response by the respondent was allowed in light of the public importance of the EALA election process, despite insufficient reasons for delay.
Civil procedure – Extension of time – Sufficient reason – Importance of public interest and administration in grant of extension – EALA elections – Discretion of court under Rules.
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14 February 2013 |
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An application for extension of time to appeal failed due to inordinate delay and lack of sufficient explanation by the applicant.
Civil Procedure – Applications for extension of time – Rule 4 EACJ Rules – Sufficient reason – Inordinate delay – Requirement for detailed explanation of delay – Burden to show adequate cause rests on applicant – Prejudice to successful parties and finality in litigation.
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14 February 2013 |
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Improper personal service by a represented party does not bar an extension of time to file a bill of costs.
Civil procedure – Taxation of costs – Extension of time – Service of demand for bill of costs – Proper party representation – Discretion of the registrar to extend time – Effect of improper service by represented parties.
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12 February 2013 |