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Citation
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Judgment date
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| February 2013 |
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Extension of time for response granted owing to public importance of EALA election dispute, despite insufficient reasons for delay.
Civil procedure – extension of time – discretion of the court under Rule 4 of EACJ Rules – sufficiency of reasons for delay – public importance of matter – interests of justice – application for leave to file response out of time – costs.
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14 February 2013 |
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A late response by the respondent was allowed in light of the public importance of the EALA election process, despite insufficient reasons for delay.
Civil procedure – Extension of time – Sufficient reason – Importance of public interest and administration in grant of extension – EALA elections – Discretion of court under Rules.
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14 February 2013 |
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An application for extension of time to appeal failed due to inordinate delay and lack of sufficient explanation by the applicant.
Civil Procedure – Applications for extension of time – Rule 4 EACJ Rules – Sufficient reason – Inordinate delay – Requirement for detailed explanation of delay – Burden to show adequate cause rests on applicant – Prejudice to successful parties and finality in litigation.
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14 February 2013 |
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Improper personal service by a represented party does not bar an extension of time to file a bill of costs.
Civil procedure – Taxation of costs – Extension of time – Service of demand for bill of costs – Proper party representation – Discretion of the registrar to extend time – Effect of improper service by represented parties.
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12 February 2013 |
| July 2012 |
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An application for interim orders restraining EAC Secretariat implementation of Summit directives pending reference determination was dismissed.
East African Community law – interim injunctions – conditions for grant – interpretation of Treaty provisions – whether Summit directives can be issued directly to Secretariat – operation of Article 38(2) of EAC Treaty.
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19 July 2012 |
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The Court dismissed an application for an interim injunction as the applicant failed to show irreparable harm or shift the balance of convenience.
East African Community law – Interim injunction – Conditions for grant – Implementation of Summit directives – Interpretation of Treaty – Article 38(2) as automatic injunction – Prima facie case – Irreparable harm – Balance of convenience.
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19 July 2012 |
| June 2012 |
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An application was dismissed for non-attendance, while the underlying appeal was adjourned to ensure a fair hearing.
Civil procedure – non-appearance of applicant – dismissal for non-prosecution – abuse of court process – adjournment for inter partes hearing in light of serious substantive issues – Rule 61(2) and Rule 86 of EACJ Rules of Procedure.
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27 June 2012 |
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The EACJ has jurisdiction to interpret the Treaty where a Partner State breaches good governance principles, even if human rights are implicated.
Regional integration law – jurisdiction of the East African Court of Justice – interpretation and application of EAC Treaty provisions – fundamental principles of good governance, rule of law, and human rights – exhaustion of local remedies – time-bar for lodging references – arbitrary detention by a partner state – cause of action under regional treaty distinguished from ordinary human rights claims.
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1 June 2012 |
| May 2012 |
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A reference lacking locus standi, real dispute, or proper invocation of Treaty procedures is not justiciable before the EACJ.
Jurisdiction – locus standi under Treaty – advisory opinions – justiciability – hypothetical questions – proper parties to commence proceedings before EACJ under Articles 30 and 36 – Treaty interpretation – EALA member term limits.
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19 May 2012 |
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EALA elections in Uganda restrained until parliamentary rules are amended to comply with the East African Community Treaty.
East African Community law – compliance with Treaty obligations – elections to the East African Legislative Assembly – requirement for fair representation of political parties, shades of opinion, gender and special interest groups – judicial review of national procedures for EALA elections – inordinate delay in amending national rules to conform to Treaty – court’s power to restrain national authorities from proceeding with non-compliant elections.
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10 May 2012 |
| April 2012 |
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The EACJ lacks jurisdiction to hear claims based on acts that occurred before the entry into force of the EAC Treaty of 2000.
Regional integration law – East African Community Treaty – non-retroactivity – jurisdiction – whether the EAC Treaty 2000 applies to acts arising before its entry into force – doctrine of non-retroactivity – preliminary objection.
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27 April 2012 |
| March 2012 |
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Article 51(1) of the EAC Treaty limits EALA members to two terms; Attorney General's legal advice did not infringe the Treaty.
Regional integration law – interpretation of Treaty provisions – tenure of elected members of EALA – Treaty interpretation – limitation of terms of service – discretion of Attorney General to seek advisory opinion – Vienna Convention rules applied.
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30 March 2012 |
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A dismissal based on disputed facts rather than pure law is not a valid preliminary objection; jurisdiction must be determined first.
East African Community law – jurisdiction – preliminary objections – distinction between issues of fact and law – duty to determine jurisdiction as threshold issue – appellate procedure – remit to lower court for determination of undecided issues.
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16 March 2012 |
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A Reference alleging Treaty breaches was struck out as time-barred since it was filed beyond the EACJ's two-month limitation period.
Regional integration law – East African Court of Justice – reference for interpretation of EAC Treaty – jurisdiction limited to breaches of Treaty provisions and not direct enforcement of human rights – limitation period for filing references – strict two-month deadline under Article 30(2) – no implied power to extend period or recognize continuing violation exception – proper procedure for preliminary objections.
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15 March 2012 |
| February 2012 |
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The court granted a stay of proceedings pending appeal, finding sufficient cause but refusing to assess merits or grant interim relief.
Civil procedure – application for stay of proceedings – discretion of the court – oral application – requirement for notice – assessment of merits for appeal not within jurisdiction at this stage.
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28 February 2012 |
| January 2012 |
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A bill of costs must be supported by proper documentation, and only reasonable, non-excessive claims will be allowed.
Taxation of costs – Requirement for supporting documentation – Assessment of reasonable instruction fees and getting up fees – Disallowance of excessive and unsupported claims – Application of VAT – Party and party costs in the East African Court of Justice.
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20 January 2012 |
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The taxing officer set aside excessive cost claims, awarding reasonable costs only for items substantiated by proper receipts.
Costs – Taxation of bill of costs – Discretion of Taxing Officer – Instruction fees – Requirement for receipts – Assessment of reasonable costs in light of complexity, novelty, and supporting documentation – East African Court of Justice Rules.
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20 January 2012 |
| December 2011 |
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Ongoing detention constitutes a continuing violation under Article 30(2) of the EAC Treaty, defeating a time-based preliminary objection.
East African Community law – limitation of actions – whether ongoing detention is a continuing violation for purposes of time limitation – computation of time under Article 30(2) of the EAC Treaty – preliminary objection on time-barred claims – jurisdiction of the Court to hear continuing violations.
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1 December 2011 |
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EACJ can interpret Treaty breaches; five-month unlawful detention breached Articles 6(d) and 7(2); costs awarded against Rwanda.
EACJ jurisdiction — interpretation under Article 27(1) — scope where allegations implicate human-rights facts; continuous detention and Article 30(2) limitation; non-requirement of exhaustion of local remedies where EACJ interpretation is sought; unlawful detention contrary to national criminal procedure (Rwanda) and breach of Treaty Articles 6(d) and 7(2); costs awarded against offending Partner State.
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1 December 2011 |
| November 2011 |
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EACJ found no proven due process breach in Kenya’s 2010 referendum and held it cannot review national judicial decisions.
Treaty jurisdiction — Article 30(1) EAC Treaty — limits of EACJ original jurisdiction; non-reviewability of national judicial decisions; constitutional review and referendum procedure; due process and rule of law; remedies for alleged treaty breaches.
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30 November 2011 |
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The court granted an interim injunction restraining Ugandan EALA elections pending resolution of the challenge to parliamentary election rules.
Regional integration – Treaty for the Establishment of the East African Community – elections to the East African Legislative Assembly (EALA) – interim injunction – compliance of national parliamentary rules with Treaty obligations – irreparable injury and balance of convenience in grant of interlocutory injunctions.
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30 November 2011 |
| September 2011 |
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The Court struck out a claim for retrospective enforcement of the EAC Treaty, holding the Treaty does not apply to pre-2000 acts.
Treaty law – Jurisdiction – East African Court of Justice – Interpretation and application of Treaty provisions – Res judicata – Exhaustion of local remedies – Retrospective application of treaties – Justiciability of historical claims predating Treaty entry – Article 27, EAC Treaty.
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29 September 2011 |
| August 2011 |
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The Court affirmed its jurisdiction over claims alleging Treaty violations and dismissed preliminary objections to admissibility, timeliness, and procedural form.
Treaty for the Establishment of the East African Community – EACJ jurisdiction – challenge to Partner State action as Treaty violation – admissibility and procedure for references – Court's power to grant permanent injunctions – limitation period – procedural defects – preliminary objections dismissed.
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29 August 2011 |
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Reference struck out for forum shopping and parallel domestic proceedings; EACJ declined to hear the matter.
East African Community Law – Jurisdiction of EACJ under Treaty Article 27(2) and Protocol – Article 30 limitations (references against Partner States or EAC institutions) – parallel domestic proceedings and exhaustion of local remedies – forum shopping – striking out of reference – enforcement of arbitral award.
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28 August 2011 |
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Failure to determine court jurisdiction and agreed preliminary objections before striking out a Reference is a reviewable error.
Civil procedure – preliminary objections – what constitutes a valid preliminary objection – jurisdiction of the East African Court of Justice as a threshold issue – procedural irregularity – appellate review limited to issues of law under Article 35A of the Treaty.
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24 August 2011 |
| June 2011 |
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Delay by Community organs to operationalise EACJ appellate jurisdiction breaches Treaty duties and principles of good governance.
Treaty interpretation – Article 27(2) – EACJ appellate jurisdiction requires Council-adopted protocol; Article 29 duties of Secretary General – duty to act on Partner State non-compliance; Article 8(1)(c)/Article 6(d) – delay in operationalisation contravenes principles of good governance; locus/ cause of action under Article 30 – no requirement to show personal right or damage; procedural – nominal respondents/striking off.
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30 June 2011 |
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The court reduced excessive instruction fees in a costs award, balancing complexity of the matter with reasonableness of claimed amounts.
Costs – Taxation – Instruction fees – Reasonableness of claimed amounts – Discretion of taxing officer – Complexity and novelty of litigation – Principles guiding assessment of costs.
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22 June 2011 |
| March 2011 |
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First Instance Division lacks jurisdiction to grant extension of time for appeal documents once the appeal is before the Appellate Division.
Court procedure – Jurisdiction – Whether First Instance Division has jurisdiction to entertain applications regarding procedural matters after appeal lodged in Appellate Division – Rule 4 and Rule 83 interpreted – Extension of time to serve appeal documents – East African Court of Justice – Division of jurisdiction between First Instance and Appellate Divisions.
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5 March 2011 |
| February 2011 |
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The court substituted an excessive instruction fee with a lower, reasonable sum, emphasizing judicious exercise of discretion in costs awards.
Costs – Taxation – Discretion of taxing officer – Reasonableness and consistency of instruction fee award – Judicial review of costs – Principles for interfering with award of costs – Substitution of excessive instruction fee with reasonable fee.
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23 February 2011 |
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An application to halt implementation of Kenya's new Constitution was dismissed for lack of irreparable injury to the applicants.
Interlocutory injunctions—preconditions for grant—prima facie case—irreparable injury—balance of convenience—constitutional implementation—public interest—reversibility of harm.
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23 February 2011 |
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An application for a temporary injunction to halt constitutional implementation pending suit was dismissed for lack of irreparable harm.
Interlocutory injunction – constitutional law – implementation of new constitution – prima facie case – irreparable injury – balance of convenience – preservation of status quo pending determination of reference.
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23 February 2011 |
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Court reduces excessive instruction fees on taxation, emphasising reasonableness and consistency in judicial awards.
Costs – Taxation – Instruction fees – Exercise of discretion by taxing officer – Reasonableness of award – Applicability of PREMCHAND RAICHAND principles – Judicial intervention where taxing officer acts injudiciously or without justification – Consistency in awards.
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23 February 2011 |
| October 2010 |
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Court set aside a manifestly excessive instruction fee award and substituted it with a reasonable amount following review of taxation.
Costs – taxation – judicial review of taxing officer’s discretion – manifestly excessive costs – principles applicable to review of costs awards – application of correct rule for instruction fees – consistency of awards – reasonableness.
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29 October 2010 |
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Court set aside a manifestly excessive instruction fees award, emphasizing consistency and fairness in taxation of costs.
Civil procedure – taxation of costs – principles applicable to judicial review of taxing officer’s award – instruction fees – manifestly excessive award – consistency and fairness in assessment of costs – application of correct legal rules under court procedures.
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29 October 2010 |
| August 2010 |
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The court affirmed its appellate jurisdiction and upheld refusal to extend time for challenging taxed costs, emphasizing finality and discretion.
Civil procedure – Court of regional integration – Appellate jurisdiction – Direct appeal from single Judge of First Instance Division – Discretion to extend time – Sufficient reasons – Public interest and prejudice – Supremacy of treaty over procedural rules – Finality of litigation.
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1 August 2010 |
| June 2010 |
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The court taxed the applicant’s bill of costs, reduced excessive claims, and ordered a balance payable after set-off between parties.
Taxation of costs – Reasonableness of instruction fees – Requirement for documentary proof of disbursements – Application of set-off in cost awards – East African Court of Justice Rules of Procedure
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22 June 2010 |
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A bill of costs must be reasonable and properly supported; costs owed were set off, leaving a net sum payable to applicant.
Civil procedure – taxation of costs – claim for costs – adequacy of documentary proof – reasonableness of amount claimed – set off of mutual costs liabilities under court rules.
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22 June 2010 |
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Extension of time to serve appeal documents granted where part of delay was due to court administrative lapses, promoting substantive justice.
Civil procedure – extension of time – sufficient reason – delay in service of record of appeal – discretion of court – administrative error by court staff – substantive justice versus technicality.
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22 June 2010 |
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A Taxing Officer reduced excessive instruction fees in a complex costs bill, balancing reasonableness and the case's novelty.
Costs – Taxation – Assessment of instruction fees – Discretion of Taxing Officer – Consideration of complexity, novelty, professional responsibility, and reasonableness – Adjustment of excessive claims in party and party bills.
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22 June 2010 |
| January 2010 |
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A court declined to interfere with a Taxing Officer’s discretion in awarding instruction fees after a case was dismissed for want of jurisdiction.
Taxation of costs – Instruction fee – Judicial discretion of the Taxing Officer – Circumstances justifying interference by court – Appropriateness of fee when matter disposed of on preliminary objection.
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15 January 2010 |
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A court will not interfere with instruction fees taxed by a Taxing Officer unless discretion is exercised on wrong principles.
Civil procedure – taxation of costs – discretion of Taxing Officer – instruction fee – basis for assessment when case disposed on preliminary objection – court’s power to interfere with taxation only on wrong application of legal principles.
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15 January 2010 |
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A challenge to the exercise of the Taxing Officer’s discretion in awarding instruction fees was dismissed where no error of principle was shown.
Costs – Taxation of costs – Instruction fees – Discretion of Taxing Officer – Interference by court only where wrong principles applied – Reference dismissed for want of jurisdiction.
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15 January 2010 |
| October 2009 |
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The court dismissed an application to extend time for challenging a costs ruling, finding the delay was unexplained and insufficiently justified.
Civil procedure – Extension of time – Reference on Taxation – Discretion of court – Sufficiency and plausibility of reasons for delay – Burden of proof in applications for extension – Public interest as ground for extension – Prejudice to respondents – Dismissal of application for lack of sufficient cause.
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16 October 2009 |
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Court dismissed an application to extend time to challenge a taxation ruling due to insufficient explanation and lack of evidence.
Civil procedure – application for extension of time – delay in filing reference challenging taxation ruling – sufficiency of explanation for delay – judicial discretion to extend time – public interest and prejudice – obligations to follow court rules and duty to provide evidence justifying delay.
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16 October 2009 |
| December 2008 |
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The court determined and reduced a claimed bill of costs in complex litigation, balancing fairness, evidence, and access to justice.
Civil procedure – taxation of costs – professional fees – discretion to depart from prescribed scale in complex, novel cases – requirements for documentary evidence of disbursements – balancing full indemnification and public access to justice.
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19 December 2008 |
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The court taxed the applicants' costs at $2,033,164.99, reducing excessive claims and disallowing unsupported items.
Costs – taxation – assessment of party and party costs – instruction fees – discretion of taxing officer – necessity for documentary proof – litigation complexity – reduction of excessive claims – principle of indemnifying successful litigant.
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19 December 2008 |
| September 2008 |
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Failure to consult East African peoples in amending the Treaty infringed essential principles, but amendments were upheld prospectively.
Regional integration law – Treaty amendment – Participation of people and civil society in amendment process – Procedural fairness – Judicial independence – Prospective annulment – Standing of legal persons to challenge Treaty amendments – Principles of people-centered cooperation in regional governance.
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9 September 2008 |
| May 2008 |
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A bill of costs was taxed down on agreement to a fair, proportionate sum, applying VAT, to promote access to justice.
Costs – Taxation – Instruction fees – Reasonableness of legal costs – Precedent and public policy considerations – Amicable settlement of costs – Application of VAT to agreed sum.
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6 May 2008 |
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The court taxed recoverable costs at USD70,185, finding the applicants’ initial claim excessive and awarding a reasonable, agreed sum.
Taxation of costs – instruction fees – reasonableness of costs – application of legal principles in assessing allowable costs – amicable settlement of disputed costs – VAT applied to court-awarded costs.
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6 May 2008 |
| November 2007 |
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State interference with judicial decisions by re-arresting bailed individuals contravenes the rule of law under the EAC Treaty.
Regional integration law – Rule of law – Treaty interpretation – Independence of judiciary – Enforcement of court orders – State action undermining judicial decisions – Duties of regional Secretariat – Investigatory obligations under the Treaty – Costs.
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11 November 2007 |