Coming up for Hearing on: Thursday 14th November 2024
Lodged on: 2nd October 2023
Article: 39 of the Treaty for the Establishment of the East African Community
Rules: 4, 52(1), (2), (3), (4), 53, (1), 84(1), (2), (3), (5), 132 and 133 of the East African Court of Justice Rules of Procedure 2019.
Subject Matter: An application for injunction.
The Application is based on grounds that the Applicant has filed a triable cases alleging that the Respondent State action of its Judiciary to sustain the death penalty does not conform with the Constitution of South Sudan and therefore violates Articles 6(d) and 7(2) of the East African Treaty and further that the action of the Respondents judiciary amounts to discrimination as the killer of his brother was acquitted of murder charges and there is a violation of the rule of law and an infringement of Article 6(d) and 7(2) of the East African EAC Treaty.
The Applicant seeks orders that the Court dispenses with its Rules of 2019 for proceedings in the ordinary way that would or might entail irreparable injustice and that an interim order and/or a temporary injunction doth issue restraining the Respondent, from executing the death sentence against the Applicant until the main Reference is determined by this Honorable Court and any order or directive the court deemed necessary
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org