mbidde foundation ltd and another v secretary general of the east african community and another 2014 eacj 147 29 may 2014

mbidde foundation ltd and another v secretary general of the east african community and another 2014 eacj 147 29 may 2014

The Applicants failed to demonstrate a serious triable issue or irreparable injury justifying the grant of interim orders. The presentation of the Petition for removal of the Speaker was in compliance with validly promulgated Rules under the EAC Treaty. The alleged bias and procedural defects had not crystallized...

Source-derived case information.

Citation
mbidde foundation ltd and another v secretary general of the east african community and another 2014 eacj 147 29 may 2014
Parties
Applicant: Mbidde Foundation Ltd; Applicant: Rt. Hon. Margaret Zziwa; Respondent: Secretary General of East African Community; Respondent: Attorney General of Republic of Uganda
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
29 May 2014
Procedural Posture
Application for Interim Orders (injunction) Arising From References / Ruling on Consolidated Application for Interim Orders
Outcome
Application for interim orders dismissed
Legal Topics
Interim Injunctions, Removal of Speaker, EAC Treaty Interpretation, Natural Justice, Separation of Powers
Source Language
english
Administrative Law Constitutional Law Regional Integration Law Interim Injunctions Removal of Speaker EAC Treaty Interpretation Natural Justice Separation of Powers

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Summary, issues, holding and outcome

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Parties

Mbidde Foundation Ltd

Applicant

Rt. Hon. Margaret Zziwa

Applicant

Secretary General of East African Community

Respondent

Attorney General of Republic of Uganda

Respondent

Procedural Posture

Application for Interim Orders (injunction) Arising From References / Ruling on Consolidated Application for Interim Orders

Legal Issues

  1. 1 Whether the procedure for removal of the Speaker of EALA infringes the EAC Treaty
  2. 2 Whether the Applicants are entitled to interim orders restraining EALA from proceeding with the removal process
  3. 3 Whether the Assembly's Rules of Procedure are valid and compliant with the Treaty

Ratio Decidendi

The Applicants failed to demonstrate a serious triable issue or irreparable injury justifying the grant of interim orders. The presentation of the Petition for removal of the Speaker was in compliance with validly promulgated Rules under the EAC Treaty. The alleged bias and procedural defects had not crystallized into a cause of action invoking the Court's jurisdiction at this stage. The balance of convenience did not favor granting the injunction.

Court Disposition

Application for interim orders dismissed

Orders

  • Consolidated application for interim orders is dismissed
  • Costs to abide the outcome of the consolidated Reference