Results.
16 judgments found.
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| November 2024 |
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Challenge to mandatory pregnancy‑testing/expulsion policy dismissed as time‑barred; court lacked jurisdiction under Article 30(2).
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Regional law — Jurisdiction (ratione temporis) — Article 30(2) EAC Treaty — Two‑month limitation is strict and non‑extendable
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Human rights — Education and non‑discrimination — Compulsory pregnancy testing/expulsion — Manifestations of pre‑existing policy do not reset limitation period
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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).
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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 |