Coming up for hearing: on 24th March 2023
Application filed: on 18th October 2022.
Articles: 39 of the Treaty for the Establishment of the East Africa Community
Rules: 4, 32 (1), 47 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Application to strike out Respondent’s Response
The Application is based on grounds that the Respondent did not file and serve the Response to the Reference within 45 days as required by the law. That the Respondent did not seek leave from court to file and serve the Response out of time.
The Applicant states that on the 11th of November 2021, he served the Respondent pursuant to Rule 16(8), 132 and 133 of the EACJ Rules of Procedure 2019 and he served them with Reference No. 42 of 2021 accompanied by an affidavit in support with a Notification of Reference.
The Applicant contends that the Respondent was required to file and serve his response by 28th December 2021 and by this date the Respondent had not filed their response. The Respondent went on to serve the Applicant on 6th October 2022 long after time for service had elapsed and he did so without applying to the Court for an extension of time.
The subject matter of the Reference is that the Applicant herein is the original composer of the Nation anthem of The Republic of South Sudan, as the owner of the intellectual property, It was in the expectations of the Applicant that the government would compensate him by way of payment of any amount as consideration for the melody of the National Anthem and cover all the expenses directly and indirectly obtained as appreciation for the production of the melody of the National Anthem. This never happened and it was now coming 11 years with no reaction from the government of the Republic of South Sudan.
The Applicant Mido Samuel Taligi, seeks court orders that the Respondent’s Response dated 6th October 2022 and signed by Counsel General Biong Pieng Kuol be expunged from the record and that it be struck out. Finally, the Applicants also prays for costs of the Application.
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