nyamoya v attorney general of the republic of burundi and another 2014 eacj 148 28 february 2014

nyamoya v attorney general of the republic of burundi and another 2014 eacj 148 28 february 2014

The Reference was filed more than two months after the act complained of, contrary to Article 30(2) of the Treaty. The computation of time starts from the date of the act, not its cessation. The Reference is therefore time-barred and must be dismissed. The Court has jurisdiction only over certain prayers, but cannot proceed to substantive issues where the Reference is not properly before it due to time limitation.

Citation
nyamoya v attorney general of the republic of burundi and another 2014 eacj 148 28 february 2014
Parties
Applicant: Professor Nyamoya Francois; 1st Respondent: Attorney General of the Republic of Burundi; 2nd Respondent: Secretary General of the East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
28 February 2014
Procedural Posture
Reference / Judgment
Outcome
Reference dismissed as time-barred
Legal Topics
Jurisdiction, Time Limitation, Interpretation of Treaty, Human Rights Allegations, Procedural Compliance
Source Language
English
International Law Regional Integration Law Administrative Law Jurisdiction Time Limitation Interpretation of Treaty Human Rights Allegations Procedural Compliance

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Parties

Professor Nyamoya Francois

Applicant

Attorney General of the Republic of Burundi

1st Respondent

Secretary General of the East African Community

2nd Respondent

Procedural Posture

Reference / Judgment

Legal Issues

  1. 1 Whether the East African Court of Justice has jurisdiction to entertain the Reference
  2. 2 Whether the Reference is time-barred under Article 30(2) of the Treaty
  3. 3 Whether the actions of the 1st Respondent infringed the Treaty

Ratio Decidendi

The Reference was filed more than two months after the act complained of, contrary to Article 30(2) of the Treaty. The computation of time starts from the date of the act, not its cessation. The Reference is therefore time-barred and must be dismissed. The Court has jurisdiction only over certain prayers, but cannot proceed to substantive issues where the Reference is not properly before it due to time limitation.

Court Disposition

Reference dismissed as time-barred

Orders

  • Reference dismissed
  • Each party to bear its own costs