The First Instance Division today adopted a consent judgment subject to amendment to cite the relevant Court Rule applicable for discontinuation of the case against the Government of Uganda on the unlawful eviction of the Applicants from the Kibale Game Reserve/Forest Reserve without compensation. In addition, Court ordered the parties to file a copy of the Memorandum of Understanding (MoU) not later than Monday 24th February 2014.
The Application by both parties to withdraw the case was filed in 2012 by Amos Bakeine and 3548 others against the Attorney General of the Republic of Uganda on the unlawful eviction of the Applicants from the Kibale Game Reserve/Forest Reserve. The Applicants alleged that the continued non-payment of the decretal sum to them by the Government of Uganda is in violation of the rule of law, democracy and good governance as per Articles 6(c) and (d), 7(2) and 8(1) (c) of the EAC Treaty.
The Attorney General of the Republic of Uganda, represented by Mr. Wanyama Kodoli, submitted that, both parties had signed and filed the consent judgement for the discontinuance of the case and wished the Court to adopt it. He also said that they wish to discontinue the main case and that The Government of Uganda has agreed upon the terms of the discontinuation with the Applicants, whose Lawyer has appended his signature on the consent.
Mr. Kodoli asked that the Court enters judgment in terms demonstrated in the consent pursuant to Rule 51(2) of the East African Court of Justice Rules of Procedure of 2013. He further submitted that, the terms of the consent judgment provides for settlement of the matter upon the terms and conditions of a Memorandum of Understanding (MoU) between Ministry of Finance, Planning and Economic Development and M/s Kamapala Associated Advocates dated the 29th of November 2013 and that the consent judgement shall be final and binding upon them.
The Respondent was represented by Wanyama Kodoli, Richard Adrole and Morin Ojang while Applicants’ Counsel was absent. The matter came before their Lordships Justices Jean Bosco Butasi (Principal Judge), John Mkwawa and Lady Justice Monica Mugenyi.
Notes for editors
Article 6(c) & (d) of the Treaty provides: The fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shall include:
(c) Peaceful settlement of disputes;
(d) good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights.
Article 7(2): The Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.
Article 8(1) (c): The Partner States shall abstain from any measures likely to jeopardise the achievement of those objectives or the implementation of the provisions of this Treaty.Rule 51(2) of the EACJ Rules of Procedure of 2013 provides: The parties may agree in writing the terms of any such withdrawal or discontinuance and lodge such agreement in the registry. In the absence of such agreement the Court may order such terms as to costs, the filing of any other reference or claim, and otherwise as the Court considers just.
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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.
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