East African Court of Justice Arusha 2nd May 2023: The Court resumed May Sessions this week with Taxation matters coming up before the Deputy Registrar of the Court.
Court allowed withdraw of two Applications for review No.7 and No.8 Attorney General of Burundi versus Secretary General of East African Community and Another, arising from Reference No. 2 of 2018 and Appeal No. 2 of 2019 respectively. The case was challenging the election of the Speaker of the 4th Assembly of East African Legislative Assembly EALA, the matter was dismissed with no order to costs, in the Appellate set aside the decision of the First Instance Division and dismissed the Appeal with costs to the Respondent and Intervener.
Counsel representing the AG Burundi told Court that the two Applications should be withdrawn because the total amount of two hundred and thirty thousand dollars ($230,000) have been paid to Hon. Fred Mukasa Mbidde, the intervener in these Applications.
Court further heard other 2 matters that is, Taxation Cause No.2 of 2023 The Attorney General of Burundi versus ISAT SURL.
The other 2 Applications heard the AG of Burundi is seeking a total amount of twenty-four thousand, one hundred and twenty dollars ($24,120) & one million three hundred sixty thousand and seven hundred fifty-two dollars ($136,752) only, but later agreed to deduct nine thousand (9,000) that was being claimed as Instruction fee.
The Respondent represented by Mr. Semuyaba Justin objected both 2 Bills of costs arguing that there are no receipts for proof and some documents are filed in French language, which is not yet a language of the Community until the Treaty is amended.
The Taxation Causes arise from Appeal No. 04 of 2022 ISAT SURL vs AG of the Republic of Burundi, where Court awarded costs to the Respondent (Attorney General of Burundi). This was an Appeal challenging the decision of the Trial Court in Reference No. 10 of 2018 ISAT SURL versus the Government of Burundi over loss of a property, a matter that was dismissed.
The Taxing Officer Deputy Registrar, Her Worship Christine Mutimura having heard both Parties’ submissions, told the parties, that the Rulings shall be delivered on notice.
In total this week, the Court will handle 11 taxation matters and after the Taxation matters the Appellate Division will proceed with the sitting.
For more information please contact:
Deputy Registrar, East African Court of Justice.