Case Number Appeal No. 2 of 2015
Summary

The United Republic of Tanzania, the Appellant in this matter, appeals certain issues of law and legal interpretations developed in the First Instance Division of the East African Court of Justice (hereinafter the
“Trial Court”) in their JUdgment dated the 26th day of September, 2014 in Reference No. 07 of 2012.

The dispute before the Trial Court arose in connection with the application of Article 50 of the Treaty for the Establishment of the East African Community (hereinafter the “Treaty”) by the Parliament of the United Republic of Tanzania (hereinafter “Tanzania”) in conducting the impugned elections of members of the East African Legislative
Assembly (hereinafter “EALA”).

To properly appreciate this Appeal, it IS necessary to refer to the relevant provision of the Treaty.

RespondentANTHONY CALIST KOMU
ComplainantTHE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA
Date filed
CountriesTanzania
Keyword
Treaty Article

First Instance Judgment

Verdict
PDF document
Date delivered
Quorum

Appeal Judgment

VerdictFor the reasons we have set out above, THE COURT HEREBY RULES THAT: (i) The Trial Court had no jurisdiction to entertain the Reference. (ii) The Judgment of the First Instance Division is SET ASIDE. (iii) Each Party shall bear its own costs here and below. It is accordingly so ordered.
PDF documentDownload the decision as PDF
Date deliveredNovember 25, 2016
Quorum