Coming up for hearing on: Thursday 14th November, 2024
Lodged on: 06th October, 2023
Article: 39 of the Treaty of the Establishment of the East African Community.
Rules: 4 and 52(1), (2) and (4) of the Rules of the East African Court of Justice Rules of Procedure.
Subject Matter: Application for mandatory injunction
This Application was filed on the grounds that the Applicant filed a Reference in this Court challenging the failure by the Respondent State to implement a decision passed by this Court on the 24th of July 2020 in Reference No. 9 of 2017 and therefore infringing Article 38(3) of the Treaty for the Establishment of the East African Community. The Applicant also alleges that the Respondent State despite being served with the Statement of Reference has failed to respond after one year and a half. That due to the failure, the Applicant has continued to incur expenses and therefore has been denied the right to enjoy the fruits of the decree that is in his favor.
The Applicant seeks orders that pending the hearing and determination of this Application inter partes the Court do issue orders directing the Respondent to immediately deposit in the Bank Account of the East African Court of Justice the decretal amount as awarded to the Applicant in Reference No. 9 o 2017 Malek Mathiang Malek v The Attorney General of the Republic of South Sudan.
The Applicant also seeks orders that pending the hearing and determination of Reference No. 4 of 2022 the Court do issue orders directing the Respondent to immediately deposit in the Bank Account of the East African Court of Justice the decretal amount as awarded to the Applicant in Reference No. 9 of 2017 Malek Mathiang Malek v. The Attorney General of the Republic of South Sudan and that the Respondent do pay costs of the Application.
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