Results.
15 judgments found.
|
|
|
| December 2019 |
|
|
A court reiterated that review is not a substitute for appeal where no new evidence or self-evident error is established.
-
Civil Procedure — Review of judgment — Requirements for review — Distinction between error apparent on the face of the record and appeal — Article 35(3) of the EAC Treaty; Rule 72(2) of the Rules — Time limitation under Article 30(2) of the Treaty — No new evidence presented — Review application dismissed.
|
6 December 2019 |
|
Interim orders for release and de-freezing of assets denied where alleged harm was not shown to be irreparable or non-compensable.
-
East African Community law — application for interim orders — arbitrariness of detention — denial of due process — freezing of assets and business operations — criteria for grant of interlocutory injunction — irreparable harm — adequacy of damages — time bar under Treaty Article 30(2)
|
5 December 2019 |
|
A government ban on NGOs was found lawful under national and EAC law, entitling the applicants to no relief.
-
Regional integration — East African Community — fundamental principles — good governance — rule of law — civil society participation — right of association — legality of government ban on NGOs — jurisdiction of the EACJ — duties of the EAC Secretary General — domestic law compliance — administrative law — remedies — costs.
|
4 December 2019 |
|
The court declined to find Burundi internationally responsible for its Constitutional Court's decision permitting a presidential third term, finding no manifest injustice.
-
Regional treaties — EAC Treaty — rule of law — review of national court decisions — threshold for international responsibility — judicial independence — state responsibility for judicial acts — presidential term limits — Arusha Accord.
|
3 December 2019 |
| October 2019 |
|
|
The court exercised discretion to enlarge time and validate late-served pleadings, refusing to strike them out or grant judgment on admission.
-
Civil procedure — Enlargement of time — Late service of pleadings — Court's discretion to regularize late service — Striking out pleadings — Judgment on admission — Procedural irregularities.
|
29 October 2019 |
| June 2019 |
|
|
A request for ex parte interim orders was denied owing to the need for an inter partes hearing to ensure justice.
-
Interim orders — ex parte applications — criteria for ex parte relief — requirement of inter partes hearing where justice demands — procedural fairness — Rule 73(2) of the Court’s Rules of Procedure.
|
19 June 2019 |
| May 2019 |
|
|
An application for extension of time to file an appeal was dismissed for lack of 'sufficient reason' after repeated procedural delays.
-
Civil procedure — application for extension of time — requirements for establishing 'sufficient reason' under Rule 4 of the Rules of the East African Court of Justice — persistent failure to comply with court rules — substantive justice versus procedural compliance — amici curiae admission — abuse of process.
|
28 May 2019 |
| March 2019 |
|
|
|
29 March 2019 |
|
|
28 March 2019 |
|
|
27 March 2019 |
|
|
26 March 2019 |
|
|
20 March 2019 |
|
|
19 March 2019 |
|
|
6 March 2019 |
|
|
6 March 2019 |