THE ATTORNEY GENERAL OF UGANDA v. JOHNSON AKOL OMUNYOKOL

Case Number	APPLICATION NO. 10 OF 2015 (ARISING FROM REFERENCE NO. 1 OF 2015)
Summary	This application arose from Reference No. 1 of 2015 and has been brought under Rules 1(2), 45, 46, 47(1)(c), (2) and 48 of the East African Court of Justice Rules of Procedures, 2013 (“the Rules”). The application is supported by a Affidavit deponed by one Bafirawala Elisha, a Senior State Attorney in the Applicant’s Chambers. At the hearing thereof, the Applicant was represented by Ms. Goretti Arinaitwe and Ms. Charity Nabaasa, both of whom are Attorneys in the Applicant’s Chambers, while the Respondent was represented by Mr. Fitz Patrick Furah.
Respondent	Johnson Akol Omunyokol
Complainant	Attorney General of Uganda
Date filed
Countries	Uganda
Keyword
Treaty Article

Verdict	We do, therefore, answer the first issue in the negative and find that the Amended Reference is improperly on the Court record, having been filed without leave of the Court as prescribed by Rule 48(c) of the Rules. In the result, we do hereby allow the Application. Issue No. ii: Whether the Applicant is entitled to the Orders sought The Applicant sought the following orders from this Court: i) An order to strike out or expunge all the pleadings in the Reference amended without leave of this Honourable Court; and ii) An order that the costs incidental to this Application awarded to the Applicant. Having allowed the Application, we do hereby strike out the Amended Reference under Rule 47(1)(c) of the Rules. On the question of costs, on the other hand, we are guided by the provisions of Rule 111, which postulate that costs should follow the event unless the Court for good reasons orders otherwise. We find no reason to deny the Applicant costs in a matter where the rules of procedure were as clear and unambiguous as this. We do, therefore, grant the costs of this application to the Applicant. It is so ordered.
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Date delivered	June 29, 2016
Quorum