[2019] EACJ 6
The Court granted the stay of proceedings as the application was conceded by the Respondent. On costs, the Court exercised its discretion under Rule 111(1) of the Rules of Procedure and ordered that each party bears its own costs, interpreting the Applicant's revised instructions as such. The Court also clarified...
Source-derived case information.
- Citation
- [2019] EACJ 6
- Parties
- Applicant: Attorney General of the Republic of Rwanda; Respondent: Union Trade Centre (UTC)
- Court
- East African Court of Justice
- Jurisdiction
- Uganda
- Case Number
- Application 15 of 2018
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Proceedings
- Outcome
- Application for stay of proceedings granted; each party to bear its own costs.
- Judges
- Mugenyi JA
- Legal Topics
- Stay of Proceedings, Costs Award, Court Practice and Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of the Republic of Rwanda
Applicant
Union Trade Centre (UTC)
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether proceedings in Reference No. 10 of 2013 should be stayed pending determination of Appeal No. 2 of 2018.
- 2 Whether costs should be awarded and, if so, to whom.
- 3 Whether parties may communicate their position to the Court by letter rather than formal pleadings or submissions.
Ratio Decidendi
The Court granted the stay of proceedings as the application was conceded by the Respondent. On costs, the Court exercised its discretion under Rule 111(1) of the Rules of Procedure and ordered that each party bears its own costs, interpreting the Applicant's revised instructions as such. The Court also clarified that parties must communicate with the Court only through formal pleadings or submissions, not by letter, to maintain proper judicial process.
Court Disposition
Application for stay of proceedings granted; each party to bear its own costs.
Orders
- Proceedings in Reference No. 10 of 2013 are stayed pending determination of Appeal No. 2 of 2018.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
34 paragraphs
IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSH
# **FIRST INSTANCE DIVISION**
(Coram: Monica K. Mugenyi, PJ; Fakihi A. Jundu; Audace Ngiye; Charles O. Nyawello & *Charles Nyachae, J J)*
> **APPLICATION NO. 15 OF 2018** (Arising from Reference No. 10 of 2013)
## THE ATTORNEY GENERAL OF THE REPUBLIC OF RWANDA ...................................
### **VERSUS**
THE UNION TRADE CENTRE
(UTC) ....................................
19<sup>TH</sup> MARCH, 2019
Application No. 15 of 2018
Page 1
beech
#### **RULING OF THE COURT**
- 1. This is an Application by the Attorney General of the Republic of Rwanda ('the Applicant') for stay of the proceedings in this Reference pending the determination of **Appeal No. 2 of 2018** by the Appellate Division of this Court. Having carefully listened to both Parties, it is clear that the Application is conceded by the Respondent, save for the question of costs. - **2.** We do, however, deem it necessary to address an undesirable practice that appears to be stealthily finding its way into this Court's This is the practice of parties purporting to judicial processes. communicate their position on a matter pending before the Court by letter, as was done by the Respondent herein. For avoidance of doubt, we hereby state clearly that this Court may only be addressed by parties through pleadings or submissions, oral or written, and not by letter. - 3. Turning to the issue of costs before us, we note that whereas the Applicant did vide its pleadings seek that the costs of the present Application abide the outcome of **Appeal No. 2 of 2018**, at the hearing thereof learned Counsel for the Applicant affirmed that his instructions had since changed abd sought that 'neither party bears' costs.' We construe these new instructions to mean each Party bear its own costs. We do therefore exercise our discretion under Rule 111(1) of this Court's Rules of Procedure to order that each Party herein bears its own costs. - 4. It is so ordered.
Application No. 15 of 2018
Page 2
realy
Dated, signed and delivered at Arusha this 19<sup>th</sup> day of March, 2019.
rele Mu
# HON. LADY JUSTICE MONICA K. MUGENYI
### PRINCIPAL JUDGE
HON. JUSTICE FAKIHI A. JUNDU
$\cdots \cdots \cdots \cdots$
**JUDGE**
HON. JUSTICE AUDACE NGIYE
**JUDGE**
#### HON. DR. JUSTICE CHARLES O. NYAWELLO
**JUDGE**
HON. JUSTICE CHARLES NYACHAE
**JUDGE**
Application No. 15 of 2018
Page 3