Coming up for Hearing:17th August, 2022.
Application filed: on 28th September, 2020
Rules: 4,91, 94(1),95(1) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Security for Costs in Appeals
The Respondent vide a letter dated 17th July, 2020 to the Registrar of the East African Court of Justice sought for leave to file his Appeal without the requisite Security for Cost as prescribed in the EACJ Rules. The Registrar through a letter dated 20th July 2020 granted the leave and the Appellant proceeded to file his Appeal.
It is the Applicant’s contention that the Registrar does not possess such powers and as such the decision was ultra vires. He further contends that even the purported Appeal no 4 of 2020 involving the same parties is improperly before the Court because the rule on security for Costs, which is an essential step in the appeal process, was not complied with.
The Respondent on his part argues that as long as the decision communicated to him through the Registrar was from the Court it was not upon him to determine the propriety or otherwise of the granted request. He further argues that any administrative arrangements the Court may have on who should have decided whether to allow the request to file as a pauper or not is an internal matter concerning the Court and not the parties. According to the Respondent the fact that the communication allowing him to file his case without the requisite fees was from the Court, was enough and satisfied the requirements of the rule on security for costs. He prays that the Court dismisses the Application with costs.
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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