east african law society v ag of burundi and anor application 3 of 2014 2014 eacj 139 15 august 2014

east african law society v ag of burundi and anor application 3 of 2014 2014 eacj 139 15 august 2014

The orders sought by the Applicant are final in nature and cannot be granted at the interlocutory stage, as doing so would pre-judge the merits of the main Reference. The proper forum for these arguments is the hearing of the main Reference.

Citation
east african law society v ag of burundi and anor application 3 of 2014 2014 eacj 139 15 august 2014
Parties
Applicant: The East African Law Society; 1st Respondent: The Attorney General of the Republic of Burundi; 2nd Respondent: The Secretary General of the East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
15 August 2014
Procedural Posture
Application (interlocutory) Arising From Reference No. 1 of 2014 / Ruling on Interlocutory Application for Interim Orders
Outcome
Application dismissed
Legal Topics
Interim Relief, Disbarment of Advocates, Freedom of Movement, Jurisdiction of Regional Courts, Due Process
Source Language
English
Administrative Law Human Rights Law Regional Integration Law Interim Relief Disbarment of Advocates Freedom of Movement Jurisdiction of Regional Courts Due Process

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Parties

The East African Law Society

Applicant

The Attorney General of the Republic of Burundi

1st Respondent

The Secretary General of the East African Community

2nd Respondent

Procedural Posture

Application (interlocutory) Arising From Reference No. 1 of 2014 / Ruling on Interlocutory Application for Interim Orders

Legal Issues

  1. 1 Whether the East African Court of Justice can grant interim orders staying the disbarment and travel ban imposed on Mr. Isidore Rufyikiri pending determination of the main Reference
  2. 2 Whether the orders sought are interlocutory or final in nature and thus appropriate for determination at this stage

Ratio Decidendi

The orders sought by the Applicant are final in nature and cannot be granted at the interlocutory stage, as doing so would pre-judge the merits of the main Reference. The proper forum for these arguments is the hearing of the main Reference.

Court Disposition

Application dismissed

Orders

  • Application dismissed; costs shall be in the cause.