mbidde v attorney general of burundi and another application 6 of 2018 2018 eacj 77 24 april 2018

mbidde v attorney general of burundi and another application 6 of 2018 2018 eacj 77 24 april 2018

The application for leave to intervene is properly before the Court as the grounds of the application sufficiently contain the Applicant's statement of interest, satisfying Rule 36(2)(e). The Applicant, as a Member of EALA who participated in the impugned election, has a direct and immediate interest in the Reference. The procedural objections raised by the First Respondent do not warrant denial of leave to intervene. The Applicant may be represented in his personal capacity by private counsel. The defective affidavit of the First Respondent is expunged from the record, but this does not affect the Applicant's burden of proof, which is met on a balance of probabilities.

Citation
mbidde v attorney general of burundi and another application 6 of 2018 2018 eacj 77 24 april 2018
Parties
Applicant: Hon. Fred Mukasa Mbidde; First Respondent: The Attorney General of the Republic of Burundi; Second Respondent: The Secretary General of the East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
24 April 2018
Procedural Posture
Application for Intervention (joinder) / Ruling on Application for Leave to Intervene
Outcome
Application allowed
Legal Topics
Intervention (joinder), Standing (locus Standi), Interpretation of Procedural Rules, Representation Before International Courts
Source Language
English
Civil Procedure Regional Integration Law Intervention (joinder) Standing (locus Standi) Interpretation of Procedural Rules Representation Before International Courts

Case Brief

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Parties

Hon. Fred Mukasa Mbidde

Applicant

The Attorney General of the Republic of Burundi

First Respondent

The Secretary General of the East African Community

Second Respondent

Procedural Posture

Application for Intervention (joinder) / Ruling on Application for Leave to Intervene

Legal Issues

  1. 1 Whether the Applicant's application for leave to intervene complies with Rule 36(2)(e) of the EACJ Rules of Procedure regarding a statement of interest
  2. 2 Whether the Applicant, as a Member of EALA, has sufficient interest to be joined as an intervener in Reference No. 2 of 2018
  3. 3 Whether the absence of a separate statement of interest is fatal to the application

Ratio Decidendi

The application for leave to intervene is properly before the Court as the grounds of the application sufficiently contain the Applicant's statement of interest, satisfying Rule 36(2)(e). The Applicant, as a Member of EALA who participated in the impugned election, has a direct and immediate interest in the Reference. The procedural objections raised by the First Respondent do not warrant denial of leave to intervene. The Applicant may be represented in his personal capacity by private counsel. The defective affidavit of the First Respondent is expunged from the record, but this does not affect the Applicant's burden of proof, which is met on a balance of probabilities.

Court Disposition

Application allowed

Orders

  • Leave granted to Hon. Fred Mukasa Mbidde to intervene in Reference No. 2 of 2018 as an intervener.
  • Each party to bear its own costs.