|
Citation
|
Judgment date
|
| November 2014 |
|
|
The court upheld the Summit's wide discretion under the EAC Treaty, dismissing claims of breach, irregularity, and entitlement to damages.
Regional integration law – East African Community – Powers of the Summit – Directives to the Secretariat – Protocols and areas of co-operation – Treaty interpretation – Judicial review of Summit actions – Judicial conduct – Remedies for Treaty breach.
|
28 November 2014 |
|
A Partner State’s departure from internal procurement laws and disregard for court orders in awarding a public contract violated Treaty principles of rule of law and good governance.
East African Community law – Treaty obligations – Good governance, rule of law, accountability – Procurement law – Whether state procurement circumventing internal law constitutes breach of Treaty principles – Effect of non-observance of national court orders – Interpretation of automatic injunction under Article 38(2).
|
28 November 2014 |
|
The EACJ dismissed a claim for enforcement of national damages award as the matter was still pending before Burundi's Supreme Court.
East African Court of Justice – Jurisdiction – Treaty interpretation – Pending proceedings before national courts – Final enforceable judgment – Exhaustion of national remedies – Articles 6(d), 7(2), 27, 30 of EAC Treaty – Cause of action under regional law.
|
28 November 2014 |
|
A Partner State is responsible for acts of local government entities exercising governmental authority, but Treaty violations must be clearly established.
Regional integration law – State responsibility – Attribution of acts of local government commissions to Partner States – Jurisdiction of the East African Court of Justice – Limitation of actions – Alleged breach of Treaty provisions on good governance and rule of law – Distinction between domestic law and Treaty violations – Costs in matters of public interest.
|
27 November 2014 |
| September 2014 |
|
|
A Professional Staff member was improperly denied a five-year contract, contrary to binding EAC Staff Rules and Council decisions.
Employment law – International civil service – Contractual terms – EAC Staff Rules and Regulations – Validity of short-term extension of appointment – Council decision binding on EAC Secretariat – Special damages – Declaratory relief – Ultra vires administrative action.
|
26 September 2014 |
|
Tanzania's procedure for electing EALA members was found incompatible with Treaty demands for broader inclusive representation beyond political parties.
Regional integration law – Elections to the East African Legislative Assembly – Article 50(1) of the EAC Treaty – Whether national rules focusing exclusively on political party groupings violate Treaty requirements for inclusive and diverse representation – Whether parliamentary non-represented political parties may field candidates – Role of national discretion and proportional representation under the Treaty.
|
26 September 2014 |
|
The court struck out an application to exclude electronic evidence, ruling the matter was settled and rebuttal evidence should have been filed instead.
Civil Procedure – Evidence – Electronic evidence – Admissibility – Requirement to comply with procedural rules – Preclusion of unnecessary procedural applications where rebuttal is appropriate – Court orders regarding evidence binding on parties.
|
11 September 2014 |
|
A corporate applicant was struck out for failure to provide sufficient grounds for further extension to file incorporation documents.
Civil procedure – extension of time – corporate status – sufficiency of grounds for extension – striking out of party for non-compliance.
|
5 September 2014 |
| August 2014 |
|
|
Interim orders that would pre-emptively resolve substantive issues in the main case cannot be granted at the interlocutory stage.
Civil procedure – Interlocutory relief – whether interim orders can be granted where such relief would dispose of substantive issues in the main reference – test for distinguishing interlocutory from final orders – court declines to anticipate the outcome of substantive proceedings in interim application.
|
15 August 2014 |
|
Civil society organizations permitted to intervene as amici curiae to assist the court on press freedom and Treaty interpretation issues.
Amicus curiae – Criteria for admission – Court’s discretion – Role and relevance of civil society organizations – Press freedom – Assistance to court in interpreting treaty provisions – Procedure for participation of non-parties in judicial proceedings
|
15 August 2014 |
|
Challenge to EALA Speaker removal procedure deemed public interest litigation; withdrawal ordered with each party bearing its own costs.
Regional integration – East African Community – Removal of the Speaker of EALA – Public interest litigation – Costs in withdrawn proceedings – Whether a challenge to EALA Speaker removal is a matter of public interest – Costs following the event – Mootness and justiciability.
|
15 August 2014 |
|
An application for interim orders challenging a land commission's authority was dismissed as inappropriate for interlocutory relief.
East African Community law – interim relief – judicial independence – separation of powers – administrative tribunals – land law – interlocutory applications – standards for granting interim orders – statutory commissions' jurisdiction and procedural rights – Treaty compliance.
|
15 August 2014 |
|
Application for interim orders against Burundi land commission dismissed; court holds status quo should remain pending Reference outcome.
Treaty law – East African Community – interim relief – judicial independence – separation of powers – administrative tribunals – land disputes – interlocutory injunctions – judicial discretion in interim orders – proper framing of interim relief – status quo pending determination of main Reference.
|
15 August 2014 |
| July 2014 |
|
|
The EACJ clarified that only concrete state actions are justiciable, but affirmed its jurisdiction over Treaty-based environmental disputes and permanent injunctions.
Regional integration – East African Community Treaty – jurisdiction of the East African Court of Justice – self-executing Treaty provisions – justiciability – standing – environmental protection – permanent injunctions against Partner States – interpretation of Treaty vis-à-vis international conventions – requirements for a justiciable 'action' under Article 30 of the EAC Treaty.
|
29 July 2014 |
| June 2014 |
|
|
Court declared constructing a bitumen road across Serengeti unlawful, restraining Tanzania from actions likely to harm the ecosystem.
Environmental law – East African Community Treaty – development versus conservation – obligations of Partner State to protect environmental heritage – injunction against infrastructure project with likely irreversible ecological damage – locus standi of public interest NGOs – justiciability of Treaty environmental obligations in regional court.
|
20 June 2014 |
|
Parties wrongly impleaded and subsequently withdrawn are entitled to recover costs incurred in compliance with court notifications.
Civil procedure – costs – withdrawal of proceedings – improper joinder – discretion to award costs – costs follow the event – compliance with court orders – absence of capacity under court rules does not prevent recovery of costs where parties have been impleaded and incurred expense.
|
19 June 2014 |
|
The court dismissed an application for interim injunction in a land dispute, finding irreparable harm had not been established.
Interlocutory injunctions – Land disputes – Prima facie case – Irreparable injury – Compensatory damages – Jurisdiction of the East African Court of Justice under the EAC Treaty – Preservation of status quo pending main reference.
|
18 June 2014 |
|
EACJ found Burundi breached Treaty obligations by failing to protect the applicant’s property rights, but denied restitutionary orders.
Treaty interpretation – Jurisdiction of EACJ – Infringement of EAC Treaty – Right to property – Good governance – Rule of law – Protection of human rights – Land rights – Remedies and limits of regional court jurisdiction.
|
18 June 2014 |
| May 2014 |
|
|
The court declined interim orders restraining the Speaker's removal, finding no prima facie breach of EAC Treaty or irreparable harm.
East African Community law – EALA – removal of Speaker – validity of Assembly's Rules of Procedure – interlocutory injunction – principles for grant – natural justice – Treaty interpretation – balance of convenience – jurisdiction of EACJ.
|
29 May 2014 |
| February 2014 |
|
|
A challenge to detention and alleged Treaty violations was dismissed as time-barred under Article 30(2) of the EAC Treaty.
East African Community law – Jurisdiction of EACJ – enforcement of Treaty provisions – time limits for bringing actions – computation of limitation periods – continuing violations – principle of legal certainty – powers of EACJ in human rights matters – jurisdictional limits – Article 30(2) of the Treaty – Treaty interpretation.
|
28 February 2014 |
|
The Reference challenging the lawfulness of detention was dismissed as time-barred under Article 30(2) of the Treaty.
East African Community law – EACJ jurisdiction – Reference under Article 30 – claim of unlawful detention – limitation period – interpretation of 'continuing violation' – time-barred applications – jurisdiction to interpret and apply the Treaty – absence of extended human rights jurisdiction.
|
28 February 2014 |
|
A reference alleging unlawful detention and Treaty violation was dismissed as time-barred under Article 30(2) of the EAC Treaty.
Treaty enforcement – East African Community – EACJ jurisdiction – time limits for institution of reference – calculation of limitation period – principle of legal certainty – procedural requirements for amendment – unlawful detention and Treaty violation allegations – reference dismissed as time-barred.
|
28 February 2014 |
|
The court dismissed a reference as time-barred under the EAC Treaty, refusing to extend the two-month statutory period.
Regional integration law – East African Community – Jurisdiction of EACJ – Treaty interpretation – Reference procedure – Time-bar under Article 30(2) – No judicial discretion to extend limitation period.
|
24 February 2014 |
| November 2013 |
|
|
The East African Court of Justice ordered amendment of Uganda's EALA election rules to conform with Article 50(1) of the EAC Treaty.
Regional integration law – Treaty interpretation – Rules of Procedure for election to EALA – Consistency with Article 50(1) of the EAC Treaty – Jurisdiction of East African Court of Justice – Role of national law in electoral rules gazettement – Electoral process consultation and consensus requirements.
|
29 November 2013 |
|
The Court held States' discretion to deposit declarations under Article 34(6) of the Protocol is not justiciable or time-bound.
East African Community Law – Treaty interpretation – Jurisdiction of Court – Discretion of States under Protocol to deposit declarations under Article 34(6) – Infringement of Treaty – Access to African Court on Human and Peoples’ Rights – Role and duties of Secretary General – Justiciability of executive action.
|
29 November 2013 |
|
Article 50(1) of the Treaty does not guarantee EALA seats to all parliamentary political parties; election procedure is reserved for national assemblies.
East African Community law – interpretation of Article 50(1) of the Treaty – election of EALA members – scope of parliamentary discretion – representation of political parties, shades of opinion, gender and special interest groups – procedural compliance under Rules of Procedure – locus standi – jurisdiction of the EACJ.
|
25 November 2013 |
|
Failure to implement EACJ judgments and pay awarded costs constitutes contempt of court and treaty infringement under the EAC Treaty.
Contempt of court – international law – regional integration – failure to implement EACJ judgments – treaty interpretation – binding nature of Summit decisions – Council of Ministers' discretion in protocol negotiation – good governance and rule of law.
|
22 November 2013 |
|
Appellate Division reaffirms it cannot hear appeals on matters of fact, only points of law, in EACJ proceedings.
Regional integration law – EAC Treaty – appellate jurisdiction – appeals limited to points of law, not fact – judicial review of First Instance Division’s factual findings – jurisdiction to review decisions of Partner States’ municipal courts – public interest litigation – referendum and constitutional process.
|
8 November 2013 |
| September 2013 |
|
|
The court upheld the Taxing Officer’s cost award, confirming proper exercise of discretion and dismissing the applicants’ reference.
Taxation of costs – instruction fees – discretion of taxing officer – relevance of complexity, importance, and precedent – proper scope of allowable costs – public interest litigation.
|
13 September 2013 |
|
A challenge to the Taxing Officer’s award of costs was dismissed; each party was ordered to bear its own costs.
Civil procedure – Taxation of costs – Review of Taxing Officer’s award – Instruction fees – Costs for document preparation, perusal, and attendances – Discretion of Taxing Officer – Public interest litigation.
|
13 September 2013 |
|
The applicant's claim was struck off as time-barred under Article 30(2) of the EAC Treaty due to delayed filing.
Regional integration law – Jurisdiction of East African Court of Justice – Limitation of actions – Time-barred proceedings – When knowledge of action complained of is deemed to accrue – Article 30(2) of East African Community Treaty.
|
4 September 2013 |
|
East African Court of Justice lacks jurisdiction to adjudicate cross-border investment disputes arising before the Common Market Protocol's entry into force.
International law – East African Community Treaty – Jurisdiction – Proper parties under Article 30(1) – Non-retroactivity of treaties – Bank guarantee and arbitral award set aside by national court – Justiciability – Cross-border investment disputes – Failure of Partner State to protect investment – Treaty interpretation – Dismissal of Reference where no live dispute subsists.
|
2 September 2013 |
|
Directions to defer taxation are not final rulings and do not render the Registrar functus officio; taxation may proceed.
Civil Procedure – Taxation of costs – Functus officio – Whether directions given constitute a final order – Court’s jurisdiction to continue with proceedings before final decision – Administrative directions versus binding rulings.
|
2 September 2013 |
|
The Court dismissed a reference for lack of jurisdiction and cause of action after the claimant’s underlying rights ceased to exist.
Jurisdiction – Proper parties – Effect of non-retroactivity of Treaty and Protocol – Capacity to bring a claim under Article 30(1) of the Treaty – Dismissal of claims where the underlying right ceases to exist – Costs.
|
2 September 2013 |
| August 2013 |
|
|
A non-governmental organization was allowed to intervene as amicus curiae to assist the court with legal arguments without prejudice to the parties.
Practice and procedure – intervention – amicus curiae – discretion of court to admit interveners – requirements for leave – independence of amicus – role of NGOs in proceedings
|
28 August 2013 |
| May 2013 |
|
|
Partner States must comply with EAC Treaty and Protocol obligations when denying entry to citizens of other Partner States.
East African Community law – Regional integration – Free movement of persons – Sovereignty of Partner States – Due process rights – Non-discrimination – Supremacy of Community law over national law – Immigration and prohibited immigrants – Denial of entry without reasons violates Treaty obligations.
|
24 May 2013 |
|
A Partner State successfully obtained a stay of orders allowing late additional evidence, pending appeal, after showing risk of prejudice.
Civil procedure – stay of execution – sufficiency of notice of appeal as basis for seeking stay – requirements for grant of stay – exemption from security for costs for Partner States – late introduction of evidence – inherent powers of court.
|
17 May 2013 |
|
The court held that the EAC Summit's directives on immunities, privileges, and political integration did not contravene the Treaty.
Regional integration – East African Community – Protocols – Whether immunities and privileges can be the subject of a protocol – Role of Secretariat in political integration – Interpretation of areas of co-operation under the Treaty – Judicial review of Summit and Secretariat actions – Citizen participation in integration processes.
|
17 May 2013 |
|
Amendments limiting the EACJ's jurisdiction undermine its supremacy, but Protocol dispute mechanisms do not oust the Court's original jurisdiction.
East African Community law – Treaty interpretation – amendments limiting EACJ jurisdiction – supremacy of EACJ – dispute settlement under Protocols – concurrent national and regional jurisdiction – effect on uniformity and Treaty objectives – procedural irregularity in amendment process.
|
9 May 2013 |
|
A taxing officer substantially reduced a bill of costs, disallowing excessive instruction fees and enforcing rules on proper documentation.
Costs – Taxation – Reasonableness and proper documentation of legal costs – Instruction fees – Duplication and quantum of costs – Scale of charges – Discretion of taxing officer
|
3 May 2013 |
|
A taxing officer reduced a sizable bill of costs, allowing only supported claims and setting reasonable instruction fees to ensure fairness.
Costs – Taxation of bill of costs – Instruction fees – Necessity of original receipts for disbursement claims – Discretion of taxing officer – Reasonableness and proportionality of legal costs – Interpretation of court rules on cost schedules.
|
3 May 2013 |
|
The court strictly applied its Rules to tax a bill of costs, admitting only proven expenses and awarding a reasonable instruction fee.
Costs – Taxation – Bill of Costs – Strict application of Court Rules – Admission of evidence for disbursements – Criteria for instruction fees – Public interest in awarding costs
|
3 May 2013 |
|
A bill of costs must be taxed strictly in accordance with court rules, with only properly supported claims allowed.
Costs – Taxation of bill of costs – adherence to applicable rules and schedules – perusal and drawing of documents – admissibility of evidence for disbursements – instruction fee – appellate proceedings – public interest – best evidence rule.
|
3 May 2013 |
|
Limitation periods in Article 30(2) do not apply to employee disputes brought under Article 31 of the Treaty.
East African Community Law – employment disputes – Treaty for the Establishment of the East African Community – whether Article 30(2) limitation period applies to employee claims under Article 31 – distinction between procedures for References and Statements of Claim – Court’s jurisdiction over employment disputes.
|
2 May 2013 |
| April 2013 |
|
|
A brief late filing of an expert report was admitted where delay was minimal and the report necessary to a fair hearing.
Civil procedure – extension of time – late filing of expert report – discretion of court to extend time – necessity of document – service of documents – witness statements – adjournment of proceedings.
|
25 April 2013 |
|
A reference alleging continuing Treaty violation is time-barred if filed beyond two months from the initial act’s occurrence or awareness.
Regional integration law – Computation of limitation period – Article 30(2) of East African Community Treaty – Whether two-month time limit applies to continuing violations – Interpretation of limitation period and scope for exceptions – Principle of legal certainty in regional integration disputes.
|
15 April 2013 |
| March 2013 |
|
|
The Appellate Division of the East African Court of Justice has jurisdiction to review its own judgments, but review is narrowly constrained.
Court jurisdiction – review of judgments – EACJ Appellate Division – scope of review under Article 35(3) of the Treaty – errors apparent on the face of the record – distinction between appeal and review – finality of judgments.
|
1 March 2013 |
| February 2013 |
|
|
Court stayed proceedings in a related reference to await the outcome of an appeal with overlapping facts and legal questions.
Civil procedure – stay of proceedings – inherent jurisdiction – overlapping cases – potential for conflicting decisions – effect of appeal decision on pending proceedings – interest of justice and judicial economy.
|
14 February 2013 |
|
Leave granted to adduce further evidence after pleadings closed where necessary for fair hearing and no undue prejudice shown.
Civil procedure – leave to adduce further evidence – post-pleadings – discretion of court under Rule 46 – application of Ladd v Marshall principles – fairness to parties – opportunity for rebuttal – interests of justice.
|
14 February 2013 |
|
Provisions in EAC Protocols creating dispute resolution mechanisms do not oust the East African Court of Justice’s interpretative jurisdiction.
Regional integration law – EAC Treaty – Customs Union Protocol – Common Market Protocol – Dispute settlement mechanisms – Jurisdiction of the East African Court of Justice – Interpretation of Treaty and Protocols – Supremacy of EACJ in Treaty interpretation – Whether Protocols oust the Court’s jurisdiction.
|
14 February 2013 |