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Citation
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Judgment date
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| November 2014 |
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The court granted interim relief authorizing UPRONA's Central Committee (elected 2009) to convene meetings pending the main Reference.
Interim relief – Political parties – Central Committee’s right to convene – Enforcement of 2012 Supreme Court decision – Application of national law and party internal regulations.
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28 November 2014 |
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The court upheld the Summit's wide discretion under the EAC Treaty, dismissing claims of breach, irregularity, and entitlement to damages.
Regional integration law – East African Community – Powers of the Summit – Directives to the Secretariat – Protocols and areas of co-operation – Treaty interpretation – Judicial review of Summit actions – Judicial conduct – Remedies for Treaty breach.
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28 November 2014 |
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A Partner State’s departure from internal procurement laws and disregard for court orders in awarding a public contract violated Treaty principles of rule of law and good governance.
East African Community law – Treaty obligations – Good governance, rule of law, accountability – Procurement law – Whether state procurement circumventing internal law constitutes breach of Treaty principles – Effect of non-observance of national court orders – Interpretation of automatic injunction under Article 38(2).
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28 November 2014 |
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The EACJ dismissed a claim for enforcement of national damages award as the matter was still pending before Burundi's Supreme Court.
East African Court of Justice – Jurisdiction – Treaty interpretation – Pending proceedings before national courts – Final enforceable judgment – Exhaustion of national remedies – Articles 6(d), 7(2), 27, 30 of EAC Treaty – Cause of action under regional law.
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28 November 2014 |
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A Partner State is responsible for acts of local government entities exercising governmental authority, but Treaty violations must be clearly established.
Regional integration law – State responsibility – Attribution of acts of local government commissions to Partner States – Jurisdiction of the East African Court of Justice – Limitation of actions – Alleged breach of Treaty provisions on good governance and rule of law – Distinction between domestic law and Treaty violations – Costs in matters of public interest.
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27 November 2014 |
| September 2014 |
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A Professional Staff member was improperly denied a five-year contract, contrary to binding EAC Staff Rules and Council decisions.
Employment law – International civil service – Contractual terms – EAC Staff Rules and Regulations – Validity of short-term extension of appointment – Council decision binding on EAC Secretariat – Special damages – Declaratory relief – Ultra vires administrative action.
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26 September 2014 |
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Tanzania's procedure for electing EALA members was found incompatible with Treaty demands for broader inclusive representation beyond political parties.
Regional integration law – Elections to the East African Legislative Assembly – Article 50(1) of the EAC Treaty – Whether national rules focusing exclusively on political party groupings violate Treaty requirements for inclusive and diverse representation – Whether parliamentary non-represented political parties may field candidates – Role of national discretion and proportional representation under the Treaty.
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26 September 2014 |
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The court struck out an application to exclude electronic evidence, ruling the matter was settled and rebuttal evidence should have been filed instead.
Civil Procedure – Evidence – Electronic evidence – Admissibility – Requirement to comply with procedural rules – Preclusion of unnecessary procedural applications where rebuttal is appropriate – Court orders regarding evidence binding on parties.
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11 September 2014 |
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A corporate applicant was struck out for failure to provide sufficient grounds for further extension to file incorporation documents.
Civil procedure – extension of time – corporate status – sufficiency of grounds for extension – striking out of party for non-compliance.
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5 September 2014 |
| August 2014 |
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Interim orders that would pre-emptively resolve substantive issues in the main case cannot be granted at the interlocutory stage.
Civil procedure – Interlocutory relief – whether interim orders can be granted where such relief would dispose of substantive issues in the main reference – test for distinguishing interlocutory from final orders – court declines to anticipate the outcome of substantive proceedings in interim application.
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15 August 2014 |
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Civil society organizations permitted to intervene as amici curiae to assist the court on press freedom and Treaty interpretation issues.
Amicus curiae – Criteria for admission – Court’s discretion – Role and relevance of civil society organizations – Press freedom – Assistance to court in interpreting treaty provisions – Procedure for participation of non-parties in judicial proceedings
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15 August 2014 |
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Challenge to EALA Speaker removal procedure deemed public interest litigation; withdrawal ordered with each party bearing its own costs.
Regional integration – East African Community – Removal of the Speaker of EALA – Public interest litigation – Costs in withdrawn proceedings – Whether a challenge to EALA Speaker removal is a matter of public interest – Costs following the event – Mootness and justiciability.
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15 August 2014 |
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An application for interim orders challenging a land commission's authority was dismissed as inappropriate for interlocutory relief.
East African Community law – interim relief – judicial independence – separation of powers – administrative tribunals – land law – interlocutory applications – standards for granting interim orders – statutory commissions' jurisdiction and procedural rights – Treaty compliance.
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15 August 2014 |
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Application for interim orders against Burundi land commission dismissed; court holds status quo should remain pending Reference outcome.
Treaty law – East African Community – interim relief – judicial independence – separation of powers – administrative tribunals – land disputes – interlocutory injunctions – judicial discretion in interim orders – proper framing of interim relief – status quo pending determination of main Reference.
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15 August 2014 |
| July 2014 |
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The EACJ clarified that only concrete state actions are justiciable, but affirmed its jurisdiction over Treaty-based environmental disputes and permanent injunctions.
Regional integration – East African Community Treaty – jurisdiction of the East African Court of Justice – self-executing Treaty provisions – justiciability – standing – environmental protection – permanent injunctions against Partner States – interpretation of Treaty vis-à-vis international conventions – requirements for a justiciable 'action' under Article 30 of the EAC Treaty.
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29 July 2014 |
| June 2014 |
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Court declared constructing a bitumen road across Serengeti unlawful, restraining Tanzania from actions likely to harm the ecosystem.
Environmental law – East African Community Treaty – development versus conservation – obligations of Partner State to protect environmental heritage – injunction against infrastructure project with likely irreversible ecological damage – locus standi of public interest NGOs – justiciability of Treaty environmental obligations in regional court.
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20 June 2014 |
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Parties wrongly impleaded and subsequently withdrawn are entitled to recover costs incurred in compliance with court notifications.
Civil procedure – costs – withdrawal of proceedings – improper joinder – discretion to award costs – costs follow the event – compliance with court orders – absence of capacity under court rules does not prevent recovery of costs where parties have been impleaded and incurred expense.
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19 June 2014 |
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The court dismissed an application for interim injunction in a land dispute, finding irreparable harm had not been established.
Interlocutory injunctions – Land disputes – Prima facie case – Irreparable injury – Compensatory damages – Jurisdiction of the East African Court of Justice under the EAC Treaty – Preservation of status quo pending main reference.
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18 June 2014 |
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EACJ found Burundi breached Treaty obligations by failing to protect the applicant’s property rights, but denied restitutionary orders.
Treaty interpretation – Jurisdiction of EACJ – Infringement of EAC Treaty – Right to property – Good governance – Rule of law – Protection of human rights – Land rights – Remedies and limits of regional court jurisdiction.
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18 June 2014 |
| May 2014 |
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The court declined interim orders restraining the Speaker's removal, finding no prima facie breach of EAC Treaty or irreparable harm.
East African Community law – EALA – removal of Speaker – validity of Assembly's Rules of Procedure – interlocutory injunction – principles for grant – natural justice – Treaty interpretation – balance of convenience – jurisdiction of EACJ.
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29 May 2014 |
| February 2014 |
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A challenge to detention and alleged Treaty violations was dismissed as time-barred under Article 30(2) of the EAC Treaty.
East African Community law – Jurisdiction of EACJ – enforcement of Treaty provisions – time limits for bringing actions – computation of limitation periods – continuing violations – principle of legal certainty – powers of EACJ in human rights matters – jurisdictional limits – Article 30(2) of the Treaty – Treaty interpretation.
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28 February 2014 |
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The Reference challenging the lawfulness of detention was dismissed as time-barred under Article 30(2) of the Treaty.
East African Community law – EACJ jurisdiction – Reference under Article 30 – claim of unlawful detention – limitation period – interpretation of 'continuing violation' – time-barred applications – jurisdiction to interpret and apply the Treaty – absence of extended human rights jurisdiction.
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28 February 2014 |
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A reference alleging unlawful detention and Treaty violation was dismissed as time-barred under Article 30(2) of the EAC Treaty.
Treaty enforcement – East African Community – EACJ jurisdiction – time limits for institution of reference – calculation of limitation period – principle of legal certainty – procedural requirements for amendment – unlawful detention and Treaty violation allegations – reference dismissed as time-barred.
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28 February 2014 |
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The court dismissed a reference as time-barred under the EAC Treaty, refusing to extend the two-month statutory period.
Regional integration law – East African Community – Jurisdiction of EACJ – Treaty interpretation – Reference procedure – Time-bar under Article 30(2) – No judicial discretion to extend limitation period.
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24 February 2014 |