ex parte avocats sans frontieres appeal 1 of 2022 2023 eacj 4 24 february 2023

ex parte avocats sans frontieres appeal 1 of 2022 2023 eacj 4 24 february 2023

The Appellate Division lacks jurisdiction to hear an appeal from a decision of the Principal Judge sitting as a single judge on an amicus curiae application; the proper remedy is to seek review by the full court of the First Instance Division under Rule 69(3).

Citation
ex parte avocats sans frontieres appeal 1 of 2022 2023 eacj 4 24 february 2023
Parties
Appellant: Avocats Sans Frontiere
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
24 February 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed for lack of jurisdiction.
Legal Topics
Amicus Curiae, Jurisdiction, Appellate Procedure, East African Community Law
Source Language
English
Civil Procedure International Law Amicus Curiae Jurisdiction Appellate Procedure East African Community Law

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Parties

Avocats Sans Frontiere

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Appellate Division has jurisdiction to hear the appeal against the decision of the Principal Judge denying leave to appear as amicus curiae
  2. 2 Whether the procedure for admitting amicus curiae contravenes the Treaty for the Establishment of the East African Community

Ratio Decidendi

The Appellate Division lacks jurisdiction to hear an appeal from a decision of the Principal Judge sitting as a single judge on an amicus curiae application; the proper remedy is to seek review by the full court of the First Instance Division under Rule 69(3).

Court Disposition

Appeal dismissed for lack of jurisdiction.

Orders

  • Appeal dismissed for lack of jurisdiction of the Appellate Division.
  • No order as to costs.