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Citation
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Judgment date
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| November 2024 |
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The applicant's challenge to mandatory pregnancy testing and expulsion was dismissed as time‑barred under Article 30(2).
Treaty jurisdiction – Article 30(2) two‑month limitation; ratione temporis; pre‑existing policy v later statements; time‑barred complaints; jurisdictional dismissal.
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29 November 2024 |
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Court found jurisdiction and a cause of action but dismissed the Reference as moot after the respondent State’s accession to the EAC.
EAC law — Admission of new member — Jurisdiction ratione materiae under Articles 23 and 27(1) — Cause of action under Article 30(1) — Mootness/overtaken by events after accession — Pre‑accession human‑rights violations not governed by Treaty (pacta sunt servanda/Vienna Convention).
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29 November 2024 |
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Whether a constitutional electoral commission may intervene and whether overlapping intervention applications should be consolidated.
Procedure – Intervention by constitutional body – Leave to intervene under Article 40 and Rule 59 – Overlapping interlocutory applications – Consolidation and judicial economy versus procedural fairness – Unified decision on substantively identical intervention applications.
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28 November 2024 |
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A constitutional commission’s bid to intervene was dismissed for lack of a distinct, indispensable interest and potential duplication.
Intervention – Article 40 Treaty – Rule 59(4) – standing of state organ/constitutional commission to intervene – distinction between Article 30 References and Article 40 intervention – requirement of direct and substantial interest – avoidance of duplicative representation – preliminary objection on jurisdiction dismissed.
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28 November 2024 |
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EACJ may review Partner State compliance with the Treaty but lacks appellate power to overturn or stay apex court judgments.
Jurisdiction — East African Court of Justice — distinction between Treaty-compliance review and appellate/merit review — Articles 6 and 7 Treaty — limits on staying or overturning Partner State apex court decisions — separability doctrine — interim conservatory relief.
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28 November 2024 |
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Repossession of purchased land without compensation violated national law and Treaty; applicant awarded compensation entitlement and US$5,000,000 general damages.
Property law — Purchase from concessionaire — Cabinet/ministerial authorisation to dispose — Cancellation of title and repossession without hearing or compensation — Violation of national law and Treaty (Articles 6(d), 7(2)) — Locus standi of deceased's estate — Compensation and general damages.
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28 November 2024 |
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Court affirmed Treaty jurisdiction but refused interim injunctions for lack of demonstrated irreparable harm.
Treaty interpretation – Jurisdiction ratione materiae under Articles 27(1) & 30(1); exhaustion of local remedies not mandatory; interim orders – trifold test (serious triable issue; irreparable injury; balance of convenience); refusal where irreparable harm not shown and attempted stay of non‑existent taxation deemed abuse of process.
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26 November 2024 |
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The Court lacked jurisdiction over African Charter complaints and dismissed the untimely Reference, awarding costs to the respondent.
Jurisdiction — ratione materiae v. ratione temporis — EACJ jurisdiction limited to Treaty interpretation and application; African Charter/African Commission matters are external; Article 30(2) two‑month time bar; consolidation refused where no jurisdiction.
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26 November 2024 |
| October 2024 |
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A reference challenging tariff preference denial was dismissed as time-barred for being filed one day late.
Treaty procedure — Article 30(2) limitation — computation of months under Laws of the Community (Interpretation) Act s.63 — corresponding-date rule (corresponding date less one) — jurisdiction ratione temporis — time-bar — preferential tariff/Rules of Origin challenge not reached on merits.
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11 October 2024 |
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Reference dismissed for being unsupported by a mandatory affidavit and for lack of authorised representation of the 2nd Applicant.
Civil procedure – Competency of Reference – Requirement for supporting affidavit under Rule 25(3) – Corporate representation and locus standi under Rule 19(5) – Affidavits as evidence not amenable to amendment – Prior expurgated affidavit cannot support subsequent filing.
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10 October 2024 |
| March 2024 |
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Recusal application dismissed for delay and failure to establish reasonable apprehension of judicial bias; costs awarded to respondent.
Judicial recusal — reasonable apprehension of bias — presumption of impartiality — burden on applicant to adduce objective evidence — timing/abuse of process — judge’s duty to sit — costs follow the event.
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27 March 2024 |
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Court held Tanzania's 2019 amendments did not breach EAC Treaty or Common Market Protocol and dismissed the Reference.
Treaty compliance — national legislation — three-part proportionality test (law/clarity; pressing and substantial objective; proportionality) — public participation and certificate of urgency — clarity of statutory language — regulation of NGOs, companies, societies and film industry — alignment with anti–money laundering obligations — remedial avenues and judicial review.
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27 March 2024 |
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No Treaty breach found; applicants failed to prove lawful land ownership—Reference dismissed.
Treaty law – Articles 6(d) & 7(2) (good governance, rule of law) – Procedural fairness – Special Court procedure (Article 58) – Joining preliminary questions with merits (Article 5 principle) – Customary land acquisition vs. formal title – Burden of proof – Reliefs and costs.
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27 March 2024 |
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The Court dismissed the Reference and Application as time-barred under Article 30(2), holding the MoU signing began the two-month limitation.
Treaty time-limits – Article 30(2) EAC Treaty – two-month limitation – starting point: act first effected (signing of MoU) – arrival of implementation equipment not a new cause – no power to extend time – jurisdiction ratione temporis – dismissal of time-barred Reference.
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26 March 2024 |
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Reference dismissed: Court lacks jurisdiction over pre-accession acts and the claim is time-barred under Article 30(2).
Treaty jurisdiction – ratione temporis – Article 30(2) two-month limitation – non-retroactivity of Treaty – knowledge of cause of action – time-bar – costs discretion.
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26 March 2024 |
| February 2024 |
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State cancellation of a land title without forensic proof breaches Article 6(d); trial court awarded excessive relief (ultra petita).
Property law – Presumption of authenticity of title deeds – Allegation of fraudulent title requires special action/forensic inquiry under domestic law; Treaty (Art. 6(d), 7(2)) – state cancellation without proof breaches rule of law; Appellate jurisdiction (Arts. 35/35A) – limits of appeal; Ultra petita – remedy remitted to trial court.
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27 February 2024 |