Results.
24 judgments found.
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| December 2016 |
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2 December 2016 |
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The Court granted leave to amend pleadings, finding no prejudice in doing so and emphasizing discretion must be exercised judiciously.
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Civil procedure — amendment of pleadings — judicial discretion — amendment allowed unless prejudice is shown — delay alone not fatal.
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1 December 2016 |
| November 2016 |
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25 November 2016 |
| September 2016 |
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EACJ dismissed claims regarding Burundi’s presidential term extension, finding no jurisdiction to review national court decisions and striking out improperly joined parties.
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Regional integration — East African Community Treaty — rule of law — jurisdiction of EACJ — time limits for references — domestic law vs Treaty compliance — legal standing of national institutions — judicial independence — appellate jurisdiction over national courts — public interest litigation.
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29 September 2016 |
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A Reference alleging Treaty violations arising from a series of events was not time-barred, and disclosed a cause of action.
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East African Community law — preliminary objections — limitation of time under Article 30(2) — cause of action under Articles 6(d), 7(2), and 27(1) — wrongful arrest and detention — whether Reference was time-barred — effect of multiple and continuing breaches — procedural fairness.
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28 September 2016 |
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A challenge to sections of Uganda’s Anti-Homosexuality Act was dismissed as moot after the Act was declared void.
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Treaty interpretation — locus standi — justiciability — mootness doctrine — human rights — separation of powers — challenge to nullified legislation — public interest exception
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27 September 2016 |
| June 2016 |
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A request for extension of time was denied due to failure to provide sufficient evidentiary justification for the delay.
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Civil Procedure — Extension of time — Application for extension under Rule 4 EACJ Rules — Sufficient reason — Duty to provide evidentiary support for cause of delay — Failure by counsel — Whether delay by counsel excuses applicant absent substantiating evidence.
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30 June 2016 |
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A party cannot amend pleadings after closure without leave of court; unauthorized amendments will be struck out as procedural abuse.
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Civil procedure — amendment of pleadings — necessity for leave of court after close of pleadings — inherent powers of court not exercisable in conflict with express rules — striking out pleadings as abuse of court process.
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29 June 2016 |
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Court clarifies criteria for joining NGOs as amici curiae in proceedings on criminal defamation and freedom of expression.
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East African Court of Justice — Amicus curiae — admission of NGOs as amici curiae — criteria for leave — neutrality and expertise — public interest legal questions — criminal defamation and freedom of expression.
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28 June 2016 |
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Court declined to compel production of privileged Assembly documents or issue witness summons where Assembly lawfully refused leave.
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East African Community law — Powers and Privileges — production of privileged Assembly documents — witness summons — Section 20 of EALA (Powers and Privileges) Act — Rule 56 of Court Rules — separation of powers — court cannot override Assembly decision on privilege without Treaty violation.
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24 June 2016 |
| May 2016 |
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27 May 2016 |
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Attorney General not entitled to instruction fees when representing government entities as salaried public officers.
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Costs — Bill of costs — Government legal representation — Instruction fees — Whether salaried public officers are entitled to instruction fees — Taxation of costs in suits involving government parties.
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26 May 2016 |
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Instruction fees are not recoverable where government entities are represented by salaried state counsel performing their official duties.
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Costs — Public officers — Attorney General — Whether instruction fees are payable to government legal representatives — Disbursements — Bill of costs — Taxation — State counsel acting as salaried public officers — Recovery of instruction fees — Precedent — Reasonably incurred costs — Disallowance of instruction fees.
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26 May 2016 |
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Implied advocate-client relationship sufficed for bill of costs taxation where no express retainer or remuneration agreement existed.
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Advocate-client relationship — Taxation of costs — Implied retainer — Consultancy agreement distinguished from legal representation — Bill of costs — Rule 113(2) EACJ Rules — Written vs. implied instructions — Costs awarded for defending taxation application.
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26 May 2016 |
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A review application was dismissed after the applicant failed to show any error on the face of the record in a time-barred employment dispute.
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East African Court of Justice — Review of judgment — Review jurisdiction — Grounds for review — Error on the face of the record — Time-barred claims — Finality of litigation — Distinction between review and appeal — Employment dispute — Treaty interpretation.
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25 May 2016 |
| March 2016 |
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Failure by a Partner State to comply with national court orders may violate EAC Treaty principles but the EACJ cannot enforce monetary awards.
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Regional integration — East African Community — Treaty interpretation — Jurisdiction of the East African Court of Justice — Good governance and rule of law — Non-compliance by Partner State with court orders — Whether non-compliance with national court orders constitutes violation of EAC Treaty — Limitation periods for filing references — Nature of remedies available under the Treaty.
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24 March 2016 |
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Court upholds EACJ Registrar recruitment process, confirming Council’s authority to set qualifications and proper application of the quota system.
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East African Community law — Treaty interpretation — Recruitment to community institutions — Authority of Council to set qualification criteria — Application of quota system — Non-discrimination — Publication and procedural requirements for Council decisions.
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23 March 2016 |
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Refusal to grant an applicant a special interview dispensation was not discriminatory nor a breach of equal opportunity under EAC law.
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East African Community law — Recruitment — Principles of good governance, equal opportunity, gender equality — Alleged discrimination — Administrative decision-making — Interview procedures — Special dispensation — Staff recruitment regulations — Judicial review of administrative recruitment decisions — Travel and accommodation reimbursement.
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23 March 2016 |
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An unsuccessful candidate's challenge to EAC staff interview arrangements found no breach of Treaty, non-discrimination or procedural rules.
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East African Court of Justice — recruitment process — administrative discretion — principles of good governance — equality and non-discrimination — procedural fairness — pleading requirements — appellate review — staff recruitment and interview procedures — Treaty interpretation.
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23 March 2016 |
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The Secretary General was found to have breached Treaty obligations by failing to submit a fact-finding report on expelled immigrants to the Council.
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Regional integration — East African Community — Treaty interpretation — Obligations of Secretary General — Failure to submit investigation report to Council of Ministers — Due diligence and statutory obligations under Treaty — Timeliness of Reference under Article 30(2) — Expulsion of immigrants — Public interest litigation.
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22 March 2016 |
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22 March 2016 |
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The court deferred determining the admissibility of disputed annexures until the full hearing of the application.
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Civil procedure — admissibility of annexures — objection based on EALA (Powers and Privileges) Act — admissibility deferred to merits hearing.
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18 March 2016 |
| February 2016 |
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An appeal was struck out for failure to comply with procedural rules on timely service and an incomplete record of appeal.
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Civil procedure — Appeal — Non-compliance with procedural rules — Failure to serve Notice of Appeal within prescribed time — No application for extension of time — Inherent jurisdiction not available to cure procedural default — Incomplete Record of Appeal — Appeal struck out with costs.
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12 February 2016 |
| January 2016 |
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29 January 2016 |