mbidde foundation ltd and another v secretary general of the east african community and another 2014 eacj 146 15 august 2014

mbidde foundation ltd and another v secretary general of the east african community and another 2014 eacj 146 15 august 2014

The consolidated References concerned the removal of the Speaker of EALA, a matter of public interest affecting the integration process of the East African Community. The withdrawal of the References was occasioned by changed circumstances beyond the Applicants' control. The Court found the litigation to be in the nature of public interest and, for good reason, ordered that each party bear its own costs.

Citation
mbidde foundation ltd and another v secretary general of the east african community and another 2014 eacj 146 15 august 2014
Parties
1st Applicant: MBIDDE FOUNDATION LTD; 2nd Applicant: RT. HON. MARGARET N. ZZIWA; 1st Respondent: THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY; 2nd Respondent: THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
15 August 2014
Procedural Posture
Reference (consolidated) / Ruling on Withdrawal and Costs
Outcome
References withdrawn by consent; each party to bear its own costs.
Legal Topics
Public Interest Litigation, Costs, Withdrawal of Proceedings, Removal of Speaker, East African Community Treaty Interpretation
Source Language
English
Administrative Law Constitutional Law Regional Integration Law Public Interest Litigation Costs Withdrawal of Proceedings Removal of Speaker East African Community Treaty Interpretation

Case Brief

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Parties

MBIDDE FOUNDATION LTD

1st Applicant

RT. HON. MARGARET N. ZZIWA

2nd Applicant

THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

1st Respondent

THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

2nd Respondent

Procedural Posture

Reference (consolidated) / Ruling on Withdrawal and Costs

Legal Issues

  1. 1 Whether the consolidated References constituted public interest litigation
  2. 2 Whether costs should follow the event upon withdrawal of the References

Ratio Decidendi

The consolidated References concerned the removal of the Speaker of EALA, a matter of public interest affecting the integration process of the East African Community. The withdrawal of the References was occasioned by changed circumstances beyond the Applicants' control. The Court found the litigation to be in the nature of public interest and, for good reason, ordered that each party bear its own costs.

Court Disposition

References withdrawn by consent; each party to bear its own costs.

Orders

  • References Nos.3 & 5 of 2014 are marked as withdrawn by consent of the Parties.
  • Each Party shall bear its own costs.