|
Citation
|
Judgment date
|
| November 2021 |
|
|
An incarcerated applicant was granted an extension to file an appeal out of time after procedural lapses due to hardship.
Civil procedure – extension of time – discretion of appellate court – sufficiency of reasons for procedural defaults – jurisdiction – application of superseding court rules – service issues caused by incarceration of litigant.
|
30 November 2021 |
|
The court ruled that failure to follow due process and denying parties a fair hearing in property rights cases violates regional treaty obligations.
Human rights – right to property – procedural fairness – due process in annulment of title – bona fide purchaser principle – EAC Treaty obligations – appellate review – inherent powers of the court – raising issues suo motu – remedies for deprivation of property.
|
26 November 2021 |
|
A domestic court’s decision, found to violate EAC Treaty principles, could not be remedied due to mootness from later events.
Regional integration law – EAC Treaty – State responsibility for judicial acts – rule of law – interpretation of national court decisions – mootness – powers and remedies of international tribunal in light of subsequent political developments.
|
25 November 2021 |
|
An application was dismissed due to the applicant’s failure to provide proper authority to represent a company and a defective affidavit.
Civil procedure – locus standi – representation of a company in litigation – requirement for authorization by company resolution – defective affidavits – application dismissed for lack of valid evidence.
|
25 November 2021 |
|
The court upheld the banning of NGOs in Burundi, finding the Minister acted within the law and no Treaty violations occurred.
Regional integration – East African Community – Treaty interpretation – Burundian administrative law – banning of civil society organizations – ministerial orders – competent jurisdiction – right to fair process – principles of good governance – procedural irregularity – standard of proof.
|
19 November 2021 |
|
Appellate court upheld the Trial Court's procedural and evidentiary orders regarding witness summons and document production in a banking dispute.
Civil procedure – EACJ Rules of Procedure – witness summons – production of documents – discretion of court – application of jurisdictional and procedural principles – preliminary objections – amendment of pleadings – standard for issuing witness summons and orders for discovery.
|
18 November 2021 |
|
An appeal rendered moot by legislative amendment was struck out, with each party ordered to bear its own costs.
Civil procedure – mootness – effect of legislative change rendering appeal academic – costs – whether costs follow the event when the matter is resolved by legislative action before hearing
|
8 November 2021 |
| October 2021 |
|
|
The court dismissed a challenge to South Sudan's Bar Association actions for lack of jurisdiction and because the claim was time-barred.
East African Court of Justice – jurisdiction – non-retroactivity of treaties – time-barred references – computation of limitation period under Article 30(2) – principle of legal certainty – independence of the legal profession – rule of law obligations of Partner States
|
8 October 2021 |
|
Extension of time granted for late response where delay was justified by circumstances beyond the applicant's control.
Civil procedure – application for extension of time – proper application of procedural rules – sufficient cause for delay – validating late filing in the interest of justice
|
8 October 2021 |
|
A reference challenging national procurement penalties was dismissed as time-barred, the EACJ confirming no local remedy exhaustion is required but strict time limits apply.
East African Community law – Jurisdiction of the East African Court of Justice – whether exhaustion of local remedies is required – strict two-month limitation period in Treaty – claims brought out of time – time-bar – national decisions and EAC Treaty compliance.
|
8 October 2021 |
|
Application for interim injunction restraining further property seizure denied; damages held to be an adequate remedy.
Interlocutory injunction – property seizure – prima facie case and irreparable injury – balance of convenience – Treaty for the Establishment of the East African Community – powers of the East African Court of Justice to grant interim relief – whether compensation in damages is adequate remedy.
|
8 October 2021 |
|
The court condoned a brief delay in service of pleadings, citing sufficient reasons and the importance of public interest in election disputes.
Civil procedure – extension of time – service of pleadings out of time – sufficient reasons for delay – public interest in resolution of electoral challenges – exercise of judicial discretion to enlarge time for procedural lapses.
|
7 October 2021 |
|
Applicant denied interim orders as execution of impugned judgment was already stayed; no irreparable harm was found.
Interim orders – principles for grant of interlocutory injunctions – serious triable issue – irreparable injury – status quo – execution of judgment stayed pending review – East African Court of Justice jurisdiction.
|
7 October 2021 |
| January 2021 |
|
|
A staff suspension without prior warnings or a focused, timely investigation was declared unlawful for breaching natural justice and EAC rules.
Employment law – East African Community – Suspension of staff pending investigation – Applicability of Staff Regulations – Requirement for urgency, due process and non-discrimination in disciplinary measures – Proportionality and fairness in imposition of administrative sanctions.
|
27 January 2021 |