Coming up for hearing: Thursday 26th September 2024
Date Lodged: 25th September, 2023
Articles: 46 of the Treaty for the Establishment of the EAC & 31 of the Vienna Convention on the Law of Treaties of 1969.
Rules: 4, 11(1) (7), 46, 52(1) (4) and 47(1) (2) of the East African Court of Justice Rules of Procedure 2019.
Subject Matter: Orders for Striking out of Reference and Application.
The two applications are based on the grounds that: the Amended Reference No 33 of 2023 and Application No. 13 of 2023 Arising from Reference No. 33 of 2023 filed and served on to the Applicant contain documents that were filed in total violation of the provisions of Article 46 of the Treaty for the Establishment of the EAC and Rules 11(1)(7) and 46 of the EACJ rules of procedure 2019.
The Applicant seeks orders that all pleadings and documents attached to the affidavits in support of Application No 13 of 2023 and Reference No. 33 of 2023 be struck out with no leave to amend on the grounds that they are scandalous, frivolous or vexatious. The applicant also seeks that costs be awarded to them.
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