shirima v attorney general of the republic of burundi and others appeal 3 of 2017 2018 eacj 49 9 may 2018

shirima v attorney general of the republic of burundi and others appeal 3 of 2017 2018 eacj 49 9 may 2018

The application for reinstatement was incompetent because the appeal was dismissed for abuse of process, not for non-appearance, and the applicant's further conduct constituted additional abuse of process warranting dismissal with costs.

Citation
shirima v attorney general of the republic of burundi and others appeal 3 of 2017 2018 eacj 49 9 may 2018
Parties
Applicant: Castro Pius Shirima; 1st Respondent: Attorney General of the Republic of Burundi; 2nd Respondent: Attorney General of the Republic of Kenya; 3rd Respondent: Attorney General of the Republic of Rwanda; 4th Respondent: Attorney General of the United Republic of Tanzania; 5th Respondent: Attorney General of the Republic of Uganda; 7th Respondent: Secretary General of East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
9 May 2018
Procedural Posture
Application for Reinstatement of Appeal / Order on Application for Reinstatement After Dismissal of Appeal
Outcome
Application dismissed with costs
Legal Topics
Abuse of Court Process, Reinstatement of Appeal, Service of Process, Costs
Source Language
English
Civil Procedure Regional Integration Law Abuse of Court Process Reinstatement of Appeal Service of Process Costs

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Castro Pius Shirima

Applicant

Attorney General of the Republic of Burundi

1st Respondent

Attorney General of the Republic of Kenya

2nd Respondent

Attorney General of the Republic of Rwanda

3rd Respondent

Attorney General of the United Republic of Tanzania

4th Respondent

Attorney General of the Republic of Uganda

5th Respondent

Secretary General of East African Community

7th Respondent

Procedural Posture

Application for Reinstatement of Appeal / Order on Application for Reinstatement After Dismissal of Appeal

Legal Issues

  1. 1 Whether the application for reinstatement of Appeal No. 3 of 2017 was competent after dismissal for abuse of process
  2. 2 Whether failure to serve respondents and appear at the scheduling conference constituted further abuse of process
  3. 3 Whether costs should be awarded against the applicant

Ratio Decidendi

The application for reinstatement was incompetent because the appeal was dismissed for abuse of process, not for non-appearance, and the applicant's further conduct constituted additional abuse of process warranting dismissal with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application dated 5th March 2018 dismissed with costs as abuse of court process
  • No further application relating to this matter shall be entertained at the Registry