Arusha, 21 January 2014 The Appellate Division of the East African Court of Justice today resumed business of the 5th quarter session which will end on 31st January and the First Instance Division will proceed from 4th – 28th February 2014.
The Division started with a hearing of an Appeal by the Republic of Uganda Challenging the decision of the First Instance Division, allowing the East African Law Society (EALS) to file additional Evidence in documentary and electronic formats as further evidence for the Walk to Work case, pending hearing in Court. The ruling was delivered on 13th February 2013.
Mr. Mwaka argued the Court to exercise its discretion to interfere and disallow the decision of the Lower Court with costs, because it improperly exercised its own to allow new evidence which might require starting the pleadings newly.
Counsel for the 1st Respondent (EALS), Mr. Richard B. O. Onsongo also submitted that, under Rule 46 (3) of the East African Court of Justice Rules of Procedure 2011, provides that; “In the event of objection, the Court may after hearing the parties, aurthorise production of the document if considers necessary”. He therefore challenged the Appellant’s submission that, if the Court has the powers to allow, then nowhere else can it be halted. He added that the First Instance Court had the opportunity to listen to the 1st Respondent and found that there was ground and necessary to file new evidence.
Mr. Onsongo asked Court to dismiss the Appeal with costs.
The 2nd Respondent, The Secretary General of the East African Community, represented by Mr. Stephen Agaba, Principal Legal Officer (EAC), told the Court that, the Party is only interested in the outcome of the Appeal.
The subject matter of the case is the alleged actions of the agents of the Government of Uganda on various groups of Ugandan citizens who decided to walk to work in protest against the high cost of fuel, transport and living. The EALS asserts that the action of blocking these protests offended the citizens’ human rights under Uganda’s Constitution and the EAC Treaty.
The Court will deliver its judgment on notice.
The Appeal came before Hon. Justices, Dr. Kiptoo Tunoi, Vice President, James Ogoola, Liboire Nkurunziza and Dr. Emmanuel Ugirashebuja. The Vice President welcomed everyone wishing them a Happy New Year and introduced the New Judges Justices Nkurunziza (Republic of Burundi) and Ugirashbuja (Republic of Rwanda) on the bench since they were appointed Judges of the Appellate Division replacing Justice Laurent Nzosaba (Republic of Burundi) who retired and Lady Justice Emily Rusera Kayitesi (Republic of Rwanda) who resigned.
In this quarter, both Divisions will handle 16 matters in Total. The Appellate Court will have 5 matters before it: 1 hearing of Appeal, 2 scheduling conferences, 1 Taxation of an Appeal and 1 hearing of Arbitration and then the First Instance Division will have 11 matters before it, i.e 3 References, 2 Applications, 1 claim coming up for hearing and 3 Judgements to be delivered and 2 scheduling conferences.
About the EACJ:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The High Courts of the Partner States serve as sub-registries.
For more information please contact:
Prof. John Ruhangisa, Registrar
Email: ruhangisa@eachq.org
Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org
Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org
East African Court of Justice
Arusha, Tanzania
https://www.eacj.org/