Coming up for hearing: on 7th March 2022.
Application filed: 27th March 2020.
Rules: 4, 5, 23(3) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Extension of time to file additional affidavits in reply.
The Applicant, Attorney General of the Republic of Rwanda pray for Court order allowing him to file and serve additional affidavit in response to additional affidavit filed by the Respondent/Applicant in Reference No. 2 of 2019 out of time, after the closure of pleadings on the following grounds.
The Applicant was supposed to file and serve the Respondent with additional affidavits on 2nd November 2019 but filed on 25th November 2019 and served on 5th December 2019 via DHL which triggered late preparation and service of the additional affidavits by the Applicant. On 10th March 2020 Application No. 1 of 2020 was dismissed on alleged technicalities.
That, this Application is filed to cure the situation that stands as of now whereby the Reference cannot proceed without the Applicant’s additional affidavits which introduce the very core and important evidence towards the proper determination of Reference No. 2 of 2019 and to address alleged errors that led to dismissal of Application No. 1 of 2019.
The Applicant further prays that, the affidavits together with annexes he filed in Reference No. 2 of 2019 in reply to the Respondent/Applicant in Reference No. 2 of 2019, additional affidavits filed on 25th November and served on the Applicant on 5th December 2019 be deemed as properly on records.
That, this Application is filed to save time, cure situation that may result in delay of hearing the Reference and introduce core evidence for the Applicant to adduce further facts in proof of his case. It is in the interest of justice the leave sought be granted, the Respondent will not suffer any prejudice and the Application is made in good faith.
The Respondent opposes the Application for allegedly being incompetent, waste of Court’s time, abuse of Court process and devoid of merit hence pray to have the same dismissed 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