avocats sans frontier v nyambura and others application 2 of 2013 2013 eacj 7 28 august 2013

avocats sans frontier v nyambura and others application 2 of 2013 2013 eacj 7 28 august 2013

The Applicant demonstrated independence from the dispute, articulated a clear interest in the legal issues, and the Court found no prejudice to the parties. The Court exercised its discretion under Rule 36(4) to allow the intervention, finding the Applicant’s participation would assist in the fair determination of the matter.

Citation
avocats sans frontier v nyambura and others application 2 of 2013 2013 eacj 7 28 august 2013
Parties
Applicant: Avocats Sans Frontiers; 1st Respondent: Mbugua Mureithi wa Nyambura; 2nd Respondent: Attorney General of Uganda; 3rd Respondent: Attorney General of the Republic of Kenya
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
28 August 2013
Procedural Posture
Application for Leave to Intervene as Amicus Curiae / Ruling on Application for Intervention
Outcome
Application allowed
Legal Topics
Amicus Curiae, Intervention in Proceedings, Rule of Law, Independence of Legal Profession
Source Language
English
Civil Procedure Human Rights Law Regional Integration Law Amicus Curiae Intervention in Proceedings Rule of Law Independence of Legal Profession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Avocats Sans Frontiers

Applicant

Mbugua Mureithi wa Nyambura

1st Respondent

Attorney General of Uganda

2nd Respondent

Attorney General of the Republic of Kenya

3rd Respondent

Procedural Posture

Application for Leave to Intervene as Amicus Curiae / Ruling on Application for Intervention

Legal Issues

  1. 1 Whether Avocats Sans Frontiers should be granted leave to intervene as Amicus Curiae in Reference No.11 of 2011
  2. 2 Whether the Applicant meets the requirements for amicus curiae status under Rule 36 of the Court’s Rules of Procedure

Ratio Decidendi

The Applicant demonstrated independence from the dispute, articulated a clear interest in the legal issues, and the Court found no prejudice to the parties. The Court exercised its discretion under Rule 36(4) to allow the intervention, finding the Applicant’s participation would assist in the fair determination of the matter.

Court Disposition

Application allowed

Orders

  • Avocats Sans Frontiers is enjoined as Amicus Curiae in Reference No.11 of 2011.
  • No order as to costs.