Case Number APPEAL NO. 1 OF 2018

This appeal arises from the decision of the First Instance Division in Reference No 5 of 2016 which was filed under Articles 6(d), 7(2), 27 and 30(1) and (2) of the Treaty for the Establishment of the East African Community (hereinafter referred to as “the Treaty”) and Rules 24(1) (2) and (3) of the East African Court of Justice (EACJ) Rules of Procedure, 2013 (hereinafter referred to as “the Court Rules”). It was filed by Ismail Dabule and 1004 Others, residents of Uganda (“the Appellants”) against the Attorney General of Uganda (“the Respondent”).
Reference No. 5 was dismissed by the First Instance Division (“the Trial Court”) for lack of cause of action. Being dissatisfied with the said decision, the Appellants have now appealed to this Court. The Appeal was filed on February 7, 2019.
At the hearing of the appeal, the Appellants were represented by Mr. Richard Omongole, Advocate; and the Respondent by Ms. Margaret Nabakooza, Principal State Attorney; and Ms Imelda Adongo and Mr. Ojambo Bichachi, State Attorneys.

ComplainantISMAEL DABULE & 1004 OTHERS
Date filedFebruary 7, 2019
Treaty Article

First Instance Judgment

VerdictHaving decided as we have in the preceding issue that there is no live dispute before the Court, it would be an exercise in futility to purport to determine the residual issues in this Reference. The Court finds that the matter was not properly before it. Accordingly, the Reference is dismissed with costs to the Respondent.
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Date delivered

Appeal Judgment

VerdictIn the result, we allow the appeal with costs. We hereby quash the judgment of the Trial Court dated 28th November, 2018 and set aside the dismissal order. The Reference is remitted back to the Trial Court with directions to proceed with the hearing of the case by considering all the issues raised at the Scheduling Conference which was held on 11th September, 2017. We also grant the Appellants costs in the Trial Court incurred up to 28th November 2018 when the Reference subject matter of this appeal was determined. The costs in the Trial Court shall be taxed after the determination of the remitted Reference. ORDERS ACCORDINGLY.
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Date deliveredFebruary 25, 2020