Results.
204 documents found.
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Jurisdiction |
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 African Regional Bodies
· African Union (AU)
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20 September 2017 |
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The court clarified standards for admitting amici curiae, stressing neutrality and allowing expunging of minor affidavit defects.
Civil procedure — Amicus curiae
Civil procedure — Amicus curiae — criminal defamation
Civil procedure — Amicus curiae — defective affidavit
Civil procedure — Amicus curiae — expunging inconsequential paragraphs
Civil procedure — Amicus curiae — freedom of expression
Civil procedure — Amicus curiae — neutrality and impartiality of amici
Civil procedure — Amicus curiae — public interest litigation
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African Regional Bodies
· African Union (AU)
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20 September 2017 |
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Court allowed media law organizations to join as amici curiae in a constitutional challenge on criminal defamation, despite affidavit defects.
Civil procedure – application for leave to appear as amicus curiae – affidavit defects – neutrality and admissibility of amici curiae – expungement of defective affidavit paragraphs rather than striking out the application – requirements for admission as amicus curiae including interest, expertise, and neutrality.
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African Regional Bodies
· African Union (AU)
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20 September 2017 |
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Leave granted for judicial review over alleged commencement of project without required EIA; ex parte injunction refused.
Administrative law — Judicial review — Leave to apply — Standing, amenability, and arguable case for full review
Environmental law — Environmental impact assessment — Requirement under EMA s.24 and GN No.58 of 1998 for projects withdrawing water from lakes
Civil procedure — Interim relief — Interlocutory injunction in judicial review — Ex‑parte relief requires demonstration of real urgency
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Malawi
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21 April 2017 |
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Applicant failed to prove respondent was not a Ugandan citizen; respondent’s Ugandan documents established lawful nomination and election.
Election law – qualification to stand for Parliament – citizenship by birth and descent under the Constitution and relevant statutes
Evidence – authenticity and admissibility of documentary proof (uncertified photocopies, foreign voter cards) and proper proof of provenance. Burden and standard of proof in election petitions – contestant bears burden; balance of probabilities. Local authority powers – limits on registration of aliens under Aliens (Registration and Control) Act
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Uganda
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15 August 2016 |
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Zimbabwe
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15 June 2016 |
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Zimbabwe
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15 June 2016 |
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Whether refugees may acquire Ugandan citizenship by registration under Article 12 or by naturalization under Article 13.
Constitutional law — Citizenship — Registration under Article 12 — Requirement to read Article 12(1) and 12(2) harmoniously
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Uganda
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6 October 2015 |
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African Regional Bodies
· African Union (AU)
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30 July 2015 |
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A challenge to an appointment’s legality is governed by Article 30 and is time‑barred if filed after the two‑month limitation.
Employment law — status of employee — Project‑funded positions versus established posts
Regional integration law — Jurisdiction of EACJ — Distinction between Article 30 and Article 31
Regional integration law — Jurisdiction of EACJ — whether a challenge to an administrative decision is governed by Article 30 (two‑month limitation)
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African Regional Bodies
· African Union (AU)
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30 July 2015 |
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A claim for conversion from project-based to regular EAC staff was dismissed as time barred for jurisdictional reasons.
East African Community law – Employment disputes – Limitation of actions – Distinction between staff and project-based employment – Jurisdiction – Application of EAC Treaty Articles 30 and 31 – Whether donor-funded project roles are governed by Community Staff Rules – Nullification of proceedings for want of jurisdiction.
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African Regional Bodies
· African Union (AU)
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30 July 2015 |
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African Regional Bodies
· African Union (AU)
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15 May 2015 |
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Certain provisions of Burundi’s Press Law were declared incompatible with EAC Treaty principles on press freedom and human rights.
Administrative law — East african community
Administrative law — East african community — freedom of expression
Administrative law — East african community — freedom of the press
Administrative law — East african community — good governance
Administrative law — East african community — human rights
Administrative law — East african community — justiciability of Treaty provisions
Administrative law — East african community — national law versus regional obligations
Administrative law — East african community — proportionality and reasonableness of restrictions
Administrative law — East african community — Treaty compliance
Administrative law — East african community — Treaty compliance — Burundian Press Law
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African Regional Bodies
· African Union (AU)
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15 May 2015 |
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The Court found several provisions of Burundi’s Press Law violated treaty-based rights to freedom of expression and ordered corrective action.
Regional integration law – EAC Treaty – National legislation inconsistent with Treaty principles – Freedom of expression and press – Justiciability of democracy, rule of law, and human rights provisions – Judicial review of national laws for Treaty compliance – Press freedom – Limitations – Disclosure of sources – Content-based restrictions.
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African Regional Bodies
· African Union (AU)
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15 May 2015 |
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African Regional Bodies
· African Union (AU)
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15 May 2015 |
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Procedural violations in disciplinary and travel restriction actions against a lawyer contravened EAC Treaty rule of law obligations.
Administrative law — East african community law
Administrative law — East african community law — due process
Administrative law — East african community law — due process — Disciplinary proceedings against advocates
Administrative law — East african community law — Jurisdictional limits
Administrative law — East african community law — Procedural fairness
Administrative law — East african community law — Procedural fairness — Secretary General’s duty to monitor compliance
Administrative law — East african community law — Treaty obligations
Administrative law — East african community law — Treaty obligations — Rule of law
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African Regional Bodies
· African Union (AU)
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15 May 2015 |
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A member state's failure to follow due process in disciplinary and administrative measures violated rule of law principles under EAC Treaty.
Regional integration law – Rule of law – Due process in disciplinary proceedings against advocates – Compliance with Treaty obligations – Administrative action – Obligation of Secretary General to ensure Partner State compliance – East African Community Treaty, Articles 6(d), 7(2), 29, 30.
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African Regional Bodies
· African Union (AU)
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15 May 2015 |
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Court struck out respondent’s late submissions and granted a limited, time‑bound injunction protecting occupants under customary tenure.
Civil procedure — Written submissions — Irregular late abandonment of preliminary objection and filing — Court struck off respondent's submissions
Land law — Interim injunctions — Preservation of status quo pending determination — Proof required for registered title versus customary tenure and balance of convenience
Public law/Refugee accommodation — National security and refugee settlement obligations — Time‑limited interlocutory relief to avoid prejudice to refugees
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Uganda
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4 April 2014 |
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African Regional Bodies
· African Union (AU)
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28 February 2014 |
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Reference dismissed as time‑barred; Court limited to treaty interpretation and cannot order applicant's release.
Treaty interpretation jurisdiction of EACJ; Article 6(d) good governance and rule of law; Article 30(2) two‑month limitation; rejection of continuing‑violation exception; limitations on remedial powers (no orders for release)
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African Regional Bodies
· African Union (AU)
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28 February 2014 |
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Reference dismissed as time‑barred; EACJ may interpret Treaty but cannot order release absent extended jurisdiction.
Treaty law — Jurisdiction of the EACJ — Interpretation and application of the Treaty — Limits on granting human‑rights/municipal remedies — Articles 23, 27, 30
Procedure — Time‑bar — Two‑month limitation under Article 30(2) — No general continuing‑violation exception (strict application of time limit)
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African Regional Bodies
· African Union (AU)
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28 February 2014 |
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African Regional Bodies
· African Union (AU)
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24 February 2014 |
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Reference alleging unlawful arrest and deportation dismissed as time‑barred despite Court having jurisdiction to interpret the Treaty.
Civil procedure — Treaty interpretation — EACJ jurisdiction — Article 30(2) two‑month limitation strict — time‑bar dismissal of Reference
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African Regional Bodies
· African Union (AU)
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24 February 2014 |
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Reference alleging unlawful arrest and deportation dismissed as time‑barred under Article 30(2) of the EAC Treaty.
Treaty law — Jurisdiction and interpretation — Court's power under Articles 27 and 30 to interpret the Treaty even where human‑rights allegations are made
Procedure — Time limit for References — Article 30(2) prescribes a strict two‑month limitation which the Court cannot extend or condone
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African Regional Bodies
· African Union (AU)
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24 February 2014 |
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African Regional Bodies
· African Union (AU)
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29 November 2013 |
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EACJ upheld jurisdiction to review national EALA election rules but struck down Appendix B Rule 13(1)–(2) as inconsistent with Article 50(1).
International law — Article 52 — national institutions’ exclusive competence over membership disputes
International law — EALA elections — interpretation of Article 50(1) (representation of parties, shades of opinion, gender, interest groups)
International law — Gazettement — national law matter outside EACJ jurisdiction
International law — Jurisdiction of EACJ — power to review national rules implementing Treaty obligations
International law — Rule 13(1) & (2) Appendix B — inconsistent with Treaty and potentially disruptive
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African Regional Bodies
· African Union (AU)
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29 November 2013 |
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EACJ found two provisions of Uganda’s EALA election rules inconsistent with the Treaty and ordered their amendment; elections not annulled.
Community law — Jurisdiction — Scope of EACJ jurisdiction to determine legality of Partner State acts under Articles 23, 27 and 30
Community law — EALA elections — Interpretation of Article 50(1) — Whether national rules must guarantee specific slots or quotas for specified groups
Administrative law — Publication of national rules — Gazette requirement and publication issues fall within national law and Article 52 reservations
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African Regional Bodies
· African Union (AU)
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29 November 2013 |
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African Regional Bodies
· African Union (AU)
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28 August 2013 |
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An NGO’s application to intervene as amicus curiae under Rule 36 was allowed as justified and non-prejudicial.
Civil procedure — Amicus curiae
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African Regional Bodies
· African Union (AU)
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28 August 2013 |
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An NGO was permitted to intervene as amicus curiae after the court found it independent and likely to assist on legal issues.
Civil procedure — Amicus curiae — Intervention — Test: independence, useful legal contribution, no prejudice — Rule 36(4) EACJ Rules of Procedure, 2013
Civil procedure — Amicus curiae — Statement of interest — May be contained in affidavit or application, need not be a separate document
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African Regional Bodies
· African Union (AU)
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28 August 2013 |
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African Regional Bodies
· African Union (AU)
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24 May 2013 |
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A partner state’s denial of entry to EAC citizens must comply with due process, non-discrimination, and other requirements under the Treaty.
Administrative law — East african community law
Administrative law — East african community law — due process
Administrative law — East african community law — free movement of persons
Administrative law — East african community law — interplay between national law and EAC obligations
Administrative law — East african community law — interplay between national law and EAC obligations — right to redress for citizens of partner states
Administrative law — East african community law — non-discrimination
Administrative law — East african community law — obligations of partner states under the EAC Treaty and Protocol
Administrative law — East african community law — sovereignty of partner states
Administrative law — East african community law — supremacy of community law
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African Regional Bodies
· African Union (AU)
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24 May 2013 |
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Partner States must comply with EAC Treaty and Protocol obligations when denying entry to citizens of other Partner States.
East African Community law – Regional integration – Free movement of persons – Sovereignty of Partner States – Due process rights – Non-discrimination – Supremacy of Community law over national law – Immigration and prohibited immigrants – Denial of entry without reasons violates Treaty obligations.
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African Regional Bodies
· African Union (AU)
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24 May 2013 |
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African Regional Bodies
· African Union (AU)
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17 May 2013 |
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A notice of appeal suffices to seek a stay; Partner State exempt from security for costs; stay granted pending appeal.
Civil procedure — Stay of execution pending appeal — validity and timing of notice of appeal
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African Regional Bodies
· African Union (AU)
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17 May 2013 |
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A Partner State successfully obtained a stay of orders allowing late additional evidence, pending appeal, after showing risk of prejudice.
Civil procedure – stay of execution – sufficiency of notice of appeal as basis for seeking stay – requirements for grant of stay – exemption from security for costs for Partner States – late introduction of evidence – inherent powers of court.
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African Regional Bodies
· African Union (AU)
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17 May 2013 |
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African Regional Bodies
· African Union (AU)
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2 May 2013 |
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Article 30(2)’s two‑month limitation does not apply to employment disputes instituted under Article 31; the application was dismissed.
Regional integration law — Jurisdiction of EACJ — Scope and application of Articles 27, 30 and 31 — Whether Article 30(2) two‑month limitation applies to Article 31 employment disputes
Civil procedure — Procedure — Distinction between Reference (Rule 24) and Statement of Claim (Rule 25) — Different legal parameters for Article 30 and Article 31 proceedings
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African Regional Bodies
· African Union (AU)
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2 May 2013 |
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Limitation periods in Article 30(2) do not apply to employee disputes brought under Article 31 of the Treaty.
East African Community Law – employment disputes – Treaty for the Establishment of the East African Community – whether Article 30(2) limitation period applies to employee claims under Article 31 – distinction between procedures for References and Statements of Claim – Court’s jurisdiction over employment disputes.
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African Regional Bodies
· African Union (AU)
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2 May 2013 |
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African Regional Bodies
· African Union (AU)
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15 April 2013 |
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Strict time limits under the EAC Treaty preclude the doctrine of continuing violations from extending limitation periods for References.
Community law – Limitation periods – Article 30(2) of the EAC Treaty – No exception for continuing violations – Court lacks power to waive two-month time limit – Legal certainty.
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African Regional Bodies
· African Union (AU)
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15 April 2013 |
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A reference alleging continuing Treaty violation is time-barred if filed beyond two months from the initial act’s occurrence or awareness.
Regional integration law – Computation of limitation period – Article 30(2) of East African Community Treaty – Whether two-month time limit applies to continuing violations – Interpretation of limitation period and scope for exceptions – Principle of legal certainty in regional integration disputes.
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African Regional Bodies
· African Union (AU)
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15 April 2013 |
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African Regional Bodies
· African Union (AU)
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14 February 2013 |
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Court stayed a Reference pending appeal due to overlapping issues and risk of conflicting decisions.
Civil procedure — Abuse of process/multiplicity of proceedings — Balance of convenience and potential prejudice when appellate outcome may affect concurrent proceedings
Civil procedure — Stay of proceedings — exercise of discretion to avoid conflicting decisions pending appellate determination — Rule 1(2) inherent powers
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African Regional Bodies
· African Union (AU)
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14 February 2013 |
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Court stayed proceedings in a related reference to await the outcome of an appeal with overlapping facts and legal questions.
Civil procedure – stay of proceedings – inherent jurisdiction – overlapping cases – potential for conflicting decisions – effect of appeal decision on pending proceedings – interest of justice and judicial economy.
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African Regional Bodies
· African Union (AU)
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14 February 2013 |
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African Regional Bodies
· African Union (AU)
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14 February 2013 |
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Court grants extension despite flimsy reasons because of public importance; respondent to file response and pay costs.
Civil procedure — extension of time — sufficiency of reasons for delay
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African Regional Bodies
· African Union (AU)
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14 February 2013 |
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Court granted extension to file response despite weak excuses, due to the public importance of EALA election issues.
Civil procedure — Extension of time — Application under Rule 4 — Sufficiency of reasons, length of delay, prejudice and public importance considered
Treaty/East African Community law — Institutional elections — Importance of inter partes adjudication where interpretation of Article 50 and election procedures are implicated
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African Regional Bodies
· African Union (AU)
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14 February 2013 |
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African Regional Bodies
· African Union (AU)
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14 February 2013 |
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Applicant failed to show sufficient reason to extend time to appeal; inordinate delay prejudiced respondent, application dismissed.
Civil procedure — enforcement of court orders — Effect of extension on taxation and enforcement proceedings
Civil procedure — Extension of time to appeal — sufficiency of reasons
Civil procedure — Notice of appeal — Memorandum of Appeal
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African Regional Bodies
· African Union (AU)
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14 February 2013 |
