Case Number APPEAL NO. 6 OF 2015

Appellant filed an Appeal but failed to file the Notice of Appeal and the Record of Appeal despite the extension of time by the Court. On Application by the Respondent, the Appeal was struck out for failure to compile with procedural requirements.

RespondentThe Secretary General of the East African Community
ComplainantRwenga Etienne AND Moses M.Marumbo
Date filedOctober 30, 2015
CountriesEast African Community
KeywordProcedural irregularities , Service of pleadings , Striking out
Treaty ArticleRule 1 , Rule 4 , Rule 79 , Rule 81 , Rule 84 , Rule 88 , Rules of Procedure 2013

First Instance Judgment

VerdictIn the result, we are satisfied that the Republics of Burundi, Kenya and Uganda did possess the requisite quota points to have their citizens compete for the position of Registrar in the EACJ, and the elimination of potential candidates from the Republic of Rwanda and United Republic of Tanzania was neither discriminatory nor a violation of Article 6(d) of the Treaty. We do, therefore, answer issues 3 and 4 in the negative. In the final result, therefore, we hereby dismiss this Reference and order each Party to bear its own costs. We so order.
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Date deliveredMarch 23, 2016

Appeal Judgment

VerdictFor completeness, we, the Court have in the discharge of our duty looked at the Record of Appeal. We have observed that the same is incomplete in terms of Rule 88 (1) of the Rules of the Court in that it omits the pleadings, the affidavit and all documents put in evidence at the hearing of the application in the First Instance Division of this Court; the reasoned order and the formal order. In the circumstances, the Record of Appeal, on this additional ground, is incompetent. The upshot of our consideration of this matter is that we order both the Notice of Appeal and the Record of Appeal to be struck out with costs to the Respondent.
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Date deliveredFebruary 12, 2016