The East African Court of Justice First Instance Division on 24th February 2015 heard and allowed an oral Application seeking to discontinue a case between three (3) citizens of the United Republic of Tanzania, namely; Mr. Ally Hatibu Msanga, Mr. David Geofrey Makatha and Mr. John Adam Bwenda and the Secretary General of the East African Community and the Attorney Generals of the Republics of Kenya, Uganda and Rwanda.
The subject matter of the main case was that the resolutions and communiqués made at the meetings held by the 2nd, 3rd and 4th Respondents who are the Republics of Kenya, Uganda and Rwanda respectively on 24th and 25th June 2013 in Entebbe Uganda, 28th August 2013 in Mombasa Kenya and 28th October, 2013 in Kigali Rwanda to the exclusion of the United Republic of Tanzania and the Republic of Burundi were in contravention of the Treaty for the Establishment of the East African Community. The Applicants were therefore seeking declaratory orders that the Republics of Kenya, Uganda and Rwanda acts contravened the Treaty and a declaration that the failure to report and investigate by the Secretary General of the East African Community was in breach of the Treaty.
Counsel for the Applicants made the oral application seeking Courts leave to discontinue, under Rule 51(1) (b) of the Court Rules of Procedure, the entire case against the Respondents due to financial hardship that his clients are suffering which will not allow them to continue with the Court proceedings.
Counsels for the Respondents did not oppose to the Application but sought to be awarded costs by the Applicants. They explained that they invested time and money on this matter in terms of researching and attending the Court sessions and that the Applicants did not show any cooperation with the Respondents for the advancement of the Court proceedings.
The court allowed the Application for discontinuance of the entire case and ordered that costs be paid to the Respondents.
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 EACJ sub-registries are available in the Partner States at the premises of the respective National Courts.
For more information please contact:
Ms. Geraldine Umugwaneza, Ag. Registrar
Email: umugwaneza@eachq.org
Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs Department;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org
East African Court of Justice
Arusha, Tanzania
https://www.eacj.org/