RWENGA ETIENNE & ANOTHER v. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY
Case Number | APPEAL NO. 6 OF 2015 |
Summary | 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.
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Respondent | The Secretary General of the East African Community |
Complainant | Rwenga Etienne AND Moses M.Marumbo |
Date filed | October 30, 2015 |
Countries | East African Community |
Keyword | Procedural irregularities , Service of pleadings , Striking out |
Treaty Article | Rule 1 , Rule 4 , Rule 79 , Rule 81 , Rule 84 , Rule 88 , Rules of Procedure 2013 |
First Instance Judgment
Verdict | In 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 delivered | March 23, 2016 |
Quorum | |
Appeal Judgment
Verdict | For 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 delivered | February 12, 2016 |
Quorum | |