THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY v. HON. SITENDA SEBALU

Case Number APPLICATION NO. 9 OF 2012 (ARISING FROM REFERENCE NO. 1 OF 2010)
Summary

By a Notice of Motion dated 10th July, 2010, the Applicant moved this Court under Rules 4, 84 and 85 of the East African Court of Justice Rules of Procedure, 2010 (the “Rules ”) for Orders that: The time for the Applicant for filing an appeal from the judgment of the East African Court of Justice ( First Instance Division) … delivered at Arusha on the 30th June 2011 in the EACJ Reference No.1 of 2010, be extended.

The grounds of application are that:

a)  The delay in filing the Appeal was occasioned by hardship;
b)  Consultations between the Applicant, the Attorney General of the Republic of Uganda, the 2nd Respondent in the EACJ Ref. No. 1 of 2010 and the East African Community Council of Ministers, the Community’s policy organ, took long and this delayed the filing of the appeal in the time prescribed by the Rules of Procedure; and
c)  The appeal has chances of success.
RespondentHon. Sitenda Sebalu
ComplainantThe Secretary General of The East African Community
Date filedJuly 10, 2010
CountriesEast African Community
KeywordJurisdiction
Treaty ArticleRule 4 , Rule 84 , Rule 85

First Instance Judgment

VerdictIt was found that the Applicant has not made out a case to justify the exercise of the court’s discretion in his favour. We accordingly, dismiss the application with costs to the Respondent.
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Date deliveredFebruary 14, 2013
Quorum

Appeal Judgment

Verdict
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Date delivered
Quorum