CASTRO PIUS SHIRIMA v. THE ATTORNEY GENERAL OF THE REPUBLIC OF BURUNDI & 5 OTHERS

Case Number APPLICATION NO. 3 OF 2018 (ARISING FROM APPEAL NO. 3 OF 2018)
Summary

The Applicant had filed an Appeal that had been dismissed for non-attendance. He filed this Application to have the Appeal reinstated. On the date of scheduling conference, neither the Applicant nor his advocate or representative entered appearance. The Application was dismissed for non-attendance.
RespondentTHE ATTORNEY GENERAL OF THE REPUBLIC OF BURUNDI, THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA, THE ATTORNEY GENERAL OF THE REPUBLIC OF RWANDA, THE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA, THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA AND THE SECRETARY GENERAL OF EAST AFRICAN COMMUNITY
ComplainantCASTRO PIUS SHIRIMA
Date filed
CountriesBurundi , East African Community , Kenya , Rwanda , South Sudan , Tanzania , Uganda
KeywordAbuse of Court process , Costs
Treaty ArticleRule 1 , RUle 107 , Rules of Procedure 2013

First Instance Judgment

Verdict
PDF document
Date delivered
Quorum

Appeal Judgment

VerdictFirst, the Application for reinstatement of the Appeal is misconceived as the Appeal was not dismissed for non appearance under Rule 107(1) but for abuse of Court process under Rules 1 (2). It was not in the premises open to the Appellant to make an Application for it to be restored for hearing on the merits under Rule 107 (2). Secondly, the conduct of the Applicant in filing an Application but failing to serve it on all the Respondents, save Uganda, and also failing to appear personally or by his Advocate at the Scheduling Conference amounts to further abuse of the Court process. Thirdly, as regards costs, although this Court would not ordinarily award costs against a person litigating in the public interest, the repeated abuse of the Court process by the Applicant in this matter impels us to exercise our discretion otherwise. Last, but not least, the Court desires to put a stop to any other possible abuse of its process by directing that no further Application relating to this matter shall be entertained at the Registry.
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Date deliveredMay 9, 2018
Quorum