[2019] EACJ 8
The court found that the applicant's main ground for seeking ex parte interim orders—namely, that the subject was being held incommunicado—was no longer applicable, as conceded by counsel. In light of this change, and the applicant's willingness to proceed inter partes, the court determined that there was no...
Source-derived case information.
- Citation
- [2019] EACJ 8
- Parties
- Applicant: Garang Michael Mahok; Respondent: The Attorney General of the Republic of South Sudan
- Court
- East African Court of Justice
- Jurisdiction
- Uganda
- Case Number
- Application 20 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Interim Orders
- Outcome
- application dismissed; matter to be scheduled for inter partes hearing
- Judges
- Mugenyi JA
- Legal Topics
- Interim Orders, Ex Parte Applications, Hearing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Garang Michael Mahok
Applicant
The Attorney General of the Republic of South Sudan
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Interim Orders
Legal Issues
- 1 Whether the ex parte application for interim orders should be granted in light of the applicant's concession that the subject is no longer held incommunicado.
- 2 Whether the matter should proceed to be heard inter partes.
Ratio Decidendi
The court found that the applicant's main ground for seeking ex parte interim orders—namely, that the subject was being held incommunicado—was no longer applicable, as conceded by counsel. In light of this change, and the applicant's willingness to proceed inter partes, the court determined that there was no justification for granting interim relief on an ex parte basis. The application was therefore dismissed, and the matter was ordered to be scheduled for hearing inter partes.
Court Disposition
application dismissed; matter to be scheduled for inter partes hearing
Orders
- The ex parte application for interim orders is dismissed.
- The matter shall be scheduled for hearing inter partes.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA
**FIRST INSTANCE DIVISION**
(Coram: Monica K. Mugenyi, PJ; Faustin Ntezilyayo, DPJ; Fakihi A. Jundu; Audace *Ngiye & Charles Nyachae, JJ)*
## **APPLICATION NO. 20 OF 2018** (Arising from Reference No. 19 of 2018)
GARANG MICHAEL MAHOK ....................................
## **VERSUS**
THE ATTORNEY GENERAL OF THE REPUBLIC OF SOUTH SUDAN ....................................
6<sup>TH</sup> MARCH 2019
Application No. 20 of 2018
Page 1
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## **RULING OF THE COURT**
- 1. We have carefully listened to Mr. Deya on this *ex parte* Application for Interim Orders. - 2. Learned Counsel conceded that the main premise for this *ex parte* Application was that the subject of the Reference was being held *in communicado*, but this has since changed. - 3. Indeed, Counsel categorically stated that subject to the availability of dates, he was willing and ready to have the Application heard inter partes. - 4. We therefore dismiss this Application and hereby order that it be scheduled for hearing *inter partes*. - 5. It is so ordered.
Application No. 20 of 2018
Page 2
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Dated, signed and delivered at Arusha this 6<sup>th</sup> day of March, 2019.
nder
HON. LADY JUSTICE MONICA K. MUGENYI **PRINCIPAL JUDGE**
HON. DR. JUSTICE FAUSTIN NTEZILYAYO DEPUTY PRINCIPAL JUDGE
HON. JUSTICE FAKIHI A. JUNDU **JUDGE**
HON. DR. JUSTICE AUDACE NGIYE
**JUDGE**
HON. JUSTICE CHARLES NYACHAE **JUDGE**
Application No. 20 of 2018
Page 3