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Citation
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Judgment date
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| August 2018 |
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Instruction fees for an interlocutory application must reflect its limited nature, not the main suit’s value, and must be reasonable.
Taxation of costs – interlocutory application – instruction fees – criteria for assessing reasonable costs – interlocutory versus main reference – itemization and documentation of costs – disbursements – role of taxing officer’s discretion.
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14 August 2018 |
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A party's failure to serve receipts for disbursements in time results in their disallowance during taxation of costs.
Costs – Taxation – Disbursements – Mandatory requirement of timely production and service of receipts – Instruction fees – Discretion of taxing officer in non-monetary reference – EACJ Rules of Procedure.
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2 August 2018 |
| June 2018 |
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27 June 2018 |
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A ministerial ban on a newspaper publication was found to violate East African Community Treaty obligations on press freedom and human rights.
Human rights – freedom of expression – press freedom – restrictions on media publication – proportionality and lawfulness of administrative orders – violation of regional treaty obligations – East African Community – duty of good governance and rule of law.
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21 June 2018 |
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The court held Burundi liable for unlawful seizure of goods in transit, breaching EAC Treaty rule of law provisions.
East African Community law – Free movement of goods – Customs law – Unlawful seizure of goods in transit – Rule of law – Due process – Liability of Partner State for acts of its agents – EACJ jurisdiction to grant remedies including compensation and general damages.
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19 June 2018 |
| May 2018 |
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24 May 2018 |
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A misconceived application for reinstatement, constituting abuse of process, was dismissed with costs and barred from further filings.
Civil procedure – abuse of court process – reinstatement of an appeal – failure to serve parties and attend court – application dismissed with costs – no further applications to be entertained.
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9 May 2018 |
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An application for reinstatement was dismissed as an abuse of court process, with costs and prohibition on future related filings.
Civil procedure – abuse of court process – application for reinstatement improperly made – failure to serve respondents – costs awarded due to repeated abuse – bar on future related applications.
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9 May 2018 |
| April 2018 |
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Ex-parte interim relief declined where applicants already benefited from national court protective orders; matter set for inter-partes hearing.
Interim relief – ex-parte orders – requirements for urgency and irreparable injustice – availability of protective orders from national courts – EACJ discretion under Rule 21(2) of the Rules of Procedure.
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24 April 2018 |
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A Member of EALA was granted leave to intervene in proceedings challenging the Speaker's election, clarifying procedural requirements for intervention.
Regional integration law – Court procedure – Application for intervention – Mandatory requirements under Rule 36(2)(e) – Statement of interest – Whether supporting affidavit can suffice – Defective affidavit by advocate-cum-witness – Discretion to grant leave to intervene – Locus standi of Assembly members in Community litigation.
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24 April 2018 |
| March 2018 |
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Amendments to pleadings introducing subsequent state actions are permissible where they arise from substantially the same facts as the original claim.
Civil Procedure – Amendment of pleadings – Whether introduction of facts relating to subsequent acts (auction of property) constitutes a new cause of action or further instance of a pre-existing claim – Principles of amendment in international and community law – No unfair prejudice or abuse of process found – Rules 48 and 50 of the East African Court of Justice Rules of Procedure.
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29 March 2018 |
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The court dismissed a claim of human rights violations during Uganda's 'walk to work' protests due to insufficient admissible evidence.
East African Community law – fundamental rights – rule of law – right of assembly and protest – admissibility of electronic evidence – evidentiary requirements for Treaty violation – duties of the Secretary General under Articles 29 and 71 of the Treaty – locus standi for legal entities under Article 30.
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28 March 2018 |
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Application dismissed as the agent lacked locus standi to represent the applicants before the court.
Civil procedure – locus standi – right of audience – improper appointment of agent – application dismissed for lack of standing
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8 March 2018 |
| January 2018 |
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Court granted interim orders staying Uganda’s excise duty amendments on Partner State goods pending challenge on EAC treaty grounds.
East African Community law – Customs union and non-discrimination – Interim injunctions – Requirements for interim orders – Reclassification of Partner State goods and excise duty – Irreparable harm and balance of convenience considered.
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25 January 2018 |
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Village Councils have legal capacity to initiate proceedings against a Partner State in the East African Court of Justice.
Jurisdiction – Locus standi – Whether a Village Council (body corporate) may institute proceedings against a Partner State before the East African Court of Justice – Interpretation of domestic law versus Treaty obligations – Proper representation of corporate legal entities before an international tribunal.
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25 January 2018 |
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Interim injunctive relief was refused to banned civil society groups due to lack of evidence of irreparable harm.
Interim injunctions – serious triable issue – irreparable injury – adequacy of damages – requirements for interim orders – civil society organisations – ban and freezing of accounts – Treaty for the Establishment of the East African Community – Article 39.
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23 January 2018 |
| September 2017 |
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22 September 2017 |
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A taxation reference challenging both the legality and quantum of a costs award was dismissed for lack of procedural and substantive merit.
Taxation of costs – review of Taxing Officer’s award – public procurement rules – raising of illegality at appropriate procedural stage – discretion of Taxing Officer – principles guiding review of taxation – sufficiency of pleadings and fair hearing in procedural objections – quantum of costs as ground for interference.
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21 September 2017 |
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The court dismissed a challenge to a Taxing Officer’s costs award, holding procedural fairness required procurement issues be formally pleaded.
Costs – Taxation of costs – Challenge to award of costs by taxing officer – Illegality alleged via breach of procurement laws – Proper procedure for raising procurement illegality – Scope of review of taxing officer’s discretion – Judicial exercise of discretion and consistency in awards.
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21 September 2017 |
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Court allowed media law organizations to join as amici curiae in a constitutional challenge on criminal defamation, despite affidavit defects.
Civil procedure – application for leave to appear as amicus curiae – affidavit defects – neutrality and admissibility of amici curiae – expungement of defective affidavit paragraphs rather than striking out the application – requirements for admission as amicus curiae including interest, expertise, and neutrality.
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20 September 2017 |
| July 2017 |
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Court upheld the discretionary power to allow oral amendments of pleadings despite the applicant's absence and claims of procedural impropriety.
Civil procedure – amendment of pleadings – oral applications for leave to amend – effect of absence and notice – preliminary objections – discretionary powers of the court under the East African Court of Justice Rules.
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7 July 2017 |
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Court declined to grant interlocutory orders restraining further EPA processes, finding no irreparable harm or basis for interim relief.
Regional integration – East African Community – Economic Partnership Agreement (EPA) with the European Union – Jurisdiction of EACJ to grant interlocutory injunctive relief – Prima facie case, irreparable harm and balance of convenience as prerequisites – Whether court can restrain Partner States' treaty actions pending reference determination.
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6 July 2017 |
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5 July 2017 |
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A consultancy agreement does not oust the taxing officer's jurisdiction where no remuneration agreement exists between client and law firm.
Legal costs – Taxation – Advocate/client relationship – Existence and effect of remuneration agreement under Rule 113(2) of East African Court of Justice Rules – Jurisdiction of court in face of agreement governed by foreign law – No remuneration agreement bars taxation where absent between parties.
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5 July 2017 |
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A public institution represented by salaried officers cannot recover costs for routine legal tasks in taxation proceedings.
Costs – taxation – entitlement of public institutions to costs for perusals, drawing, filing documents, and service – whether such costs are recoverable where legal representation is by salaried public officers – procedural requirements for affidavits – taxation of costs associated with related applications.
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4 July 2017 |
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A public institution’s salaried legal officers cannot claim litigation costs for tasks covered by their employment, unlike private practitioners.
Costs – Public institutions – Entitlement to costs for perusals, drawing, filing documents and service – Distinction between costs incurred by salaried public officers and private practitioners – Bill of costs – Taxing Officer's discretion and court review – Evidence for disbursements required.
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4 July 2017 |
| May 2017 |
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26 May 2017 |
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A trial court’s failure to first determine a procedural objection rendered its subsequent proceedings and ruling a nullity.
Civil procedure – Preliminary objections – Requirement for trial court to determine points of law before merits – Failure to address procedural objections as incurable irregularity – Affidavit evidence supporting applications – Judicial duty to resolve threshold issues prior to merits.
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26 May 2017 |
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A minimal, inadvertent procedural delay was excused where affidavit evidence sufficed and no prejudice resulted, permitting the matter to proceed.
Civil procedure – Extension of time – Discretion of the court – Sufficient reason – Affidavit evidence – Judicial exercise of discretion – Rule 4 EACJ Rules – Minimal delay – Counsel's inadvertence – Interests of justice – Procedural justice v substantive justice.
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25 May 2017 |
| March 2017 |
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A challenge to the EAC Treaty's 60-day time limit for individuals to file court references was dismissed for lack of legal and jurisdictional basis.
Regional integration – East African Community – jurisdiction and admissibility – challenge to limitation period for individual references to the Court under EAC Treaty Article 30(2) – whether limitation period violates Treaty principles of access to justice, equality, and rule of law – role of res judicata – power of court to order treaty amendments.
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31 March 2017 |
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29 March 2017 |
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27 March 2017 |
| February 2017 |
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3 February 2017 |
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A regional court may award compensation and costs for unlawful removal from office, and is not limited to declaratory relief.
East African Community law – Treaty for the Establishment of the East African Community – removal of Speaker of the Assembly – jurisdiction of EACJ to award effective remedies for Treaty violations – availability of special damages – separation of powers – costs of the suit.
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3 February 2017 |
| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |