acuil v attorney general of the republic of south sedan and another reference 4 of 2018 2021 eacj 8 8 october 2021

acuil v attorney general of the republic of south sedan and another reference 4 of 2018 2021 eacj 8 8 october 2021

The Court lacks jurisdiction to entertain the Reference because the impugned acts occurred before South Sudan became a member of the East African Community, and the Reference is time barred under Article 30(2) of the Treaty. The principle of non-retroactivity of treaties and strict time limitation apply.

Citation
acuil v attorney general of the republic of south sedan and another reference 4 of 2018 2021 eacj 8 8 october 2021
Parties
Applicant: Kiir Chol Deng Acuil; 1st Respondent: Attorney General of the Republic of South Sudan; 2nd Respondent: Secretary General of the East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
8 October 2021
Procedural Posture
Reference / Judgment at First Instance
Outcome
Reference dismissed with costs to the Respondent.
Legal Topics
Jurisdiction, Time Limitation, Rule of Law, Good Governance, Bar Association Governance, Treaty Interpretation
Source Language
English
International Law Constitutional Law Administrative Law Jurisdiction Time Limitation Rule of Law Good Governance Bar Association Governance +1 more

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 14 Party arguments 2
Sign in to unlock

Parties

Kiir Chol Deng Acuil

Applicant

Attorney General of the Republic of South Sudan

1st Respondent

Secretary General of the East African Community

2nd Respondent

Procedural Posture

Reference / Judgment at First Instance

Legal Issues

  1. 1 Whether the Court has jurisdiction to entertain the Reference
  2. 2 Whether the Reference is time barred
  3. 3 Whether a parallel Bar was established by the Respondent and if so whether that action contravenes Articles 6(d) and 7(2) of the Treaty

Ratio Decidendi

The Court lacks jurisdiction to entertain the Reference because the impugned acts occurred before South Sudan became a member of the East African Community, and the Reference is time barred under Article 30(2) of the Treaty. The principle of non-retroactivity of treaties and strict time limitation apply.

Court Disposition

Reference dismissed with costs to the Respondent.

Orders

  • Reference dismissed for lack of jurisdiction and being time barred.
  • Costs awarded to the Respondent.