msangi and ors v secretary general of the east african community and ors reference 9 of 2013 2015 eacj 79 24 february 2015
The Reference is discontinued by consent, but due to the lack of notice to Respondents and the time and effort expended by them, costs are awarded to the Respondents.
Source-derived case information.
- Citation
- msangi and ors v secretary general of the east african community and ors reference 9 of 2013 2015 eacj 79 24 february 2015
- Parties
- Applicant: Ally Hatibu Msangi; Applicant: David Geoffrey Makatha; Applicant: John Adama Busemba; Respondent: Secretary General of the East African Community; Respondent: Attorney General of the Republic of Kenya; Respondent: Attorney General of the Republic of Uganda; Respondent: Attorney General of the Republic of Rwanda
- Court
- EACJ
- Jurisdiction
- Tanzania
- Judgment Date
- 24 February 2015
- Procedural Posture
- Reference / Ruling on Discontinuance
- Outcome
- Reference discontinued with costs to Respondents
- Legal Topics
- Discontinuance of Proceedings, Costs, East African Court of Justice Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ally Hatibu Msangi
Applicant
David Geoffrey Makatha
Applicant
John Adama Busemba
Applicant
Secretary General of the East African Community
Respondent
Attorney General of the Republic of Kenya
Respondent
Attorney General of the Republic of Uganda
Respondent
Attorney General of the Republic of Rwanda
Respondent
Procedural Posture
Reference / Ruling on Discontinuance
Legal Issues
- 1 Whether the Reference should be discontinued by consent of parties
- 2 Whether costs are payable to the Respondents upon discontinuance
Ratio Decidendi
The Reference is discontinued by consent, but due to the lack of notice to Respondents and the time and effort expended by them, costs are awarded to the Respondents.
Court Disposition
Reference discontinued with costs to Respondents
Orders
- Reference marked as discontinued under Rule 51(1)(b) of the Court’s Rules of Procedure
- Costs awarded to the Respondents
Full Case Text
Judgment text and source record
1 paragraphs
IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA FIRST INSTANCE DIVISION (Coram: Jean Bosco Butasi, J; Isaac Lenaola, DPJ; Faustin Ntezilyayo, J: Monica Mugenyi, J & Fakihi A. Jundu J) REFERENCE NO. 9 OF 2013 1. ALLY HATIBU MSANGI……………………… 2. DAVID GEOFFREY MAKATHA……………. APPLICANTS 3. JOHN ADAMA BUSEMBA ………………….. VERSUS 1. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY........1ST RESPONDENT 2. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA…….………...2ND RESPONDENT 3. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA……………..3RD RESPONDENT 4. THE ATTORNEY GENERAL OF THE REPUBLIC OF RWANDA………….…4TH RESPONDENT 24 TH FEBRUARY 2015 1 RULING 1. The Applicants have sought to discontinue Reference No. 09 of 2013 under Rule 51(1)(b) of the East African Court of Justice Rules of Procedure. Since the Respondents have no objection, the Reference is marked as discontinued by consent of parties. 2. As for costs, under Rule 51(1)(b) and (2), where there is no agreement on the terms of discontinuance, including on costs, the Court may make such orders as are just. There is clearly no agreement as whether costs are payable to the Respondents upon discontinuance of the Reference. 3. Having heard the Parties, it is our decision that noting the nature of the matter, the time taken by all Respondents in filing pleadings and conducting research and further noting that the application for discontinuance has only been made in Court this morning, without notice to the Respondents, costs are certainly payable to the Respondents. 4. In the event, the Reference is marked as discontinued under Rule 51(1)(b) of the Court’s Rules of Procedure with costs to the Respondents. It is so ordered. 2 Dated, Delivered and Signed at Arusha this 24th day of February, 2015. ..………………………. JEAN BOSCO BUTASI PRINCIPAL JUDGE ………………………… ISAAC LENAOLA DEPUTY PRINCIPAL JUDGE ……………………….. FAUSTIN NTEZILYAYO JUDGE …………………….. MONICA MUGENYI JUDGE ……..…………….. FAKIHI A. JUNDU JUDGE 3