[2015] EACJ 79
The Court held that since the application for discontinuance was made without prior notice to the Respondents and considering the time and effort expended by the Respondents in preparing pleadings and conducting research, it was just and proper to award costs to the Respondents. The Reference was therefore marked as...
Source-derived case information.
- Citation
- [2015] EACJ 79
- Parties
- Applicant: Ally Hatibu Msangi; Applicant: David Geoffrey Makatha; Applicant: John Adama Busemba; Respondent: The Secretary General of the East African Community; Respondent: The Attorney General of the Republic of Kenya; Respondent: The Attorney General of the Republic of Uganda; Respondent: The Attorney General of the Republic of Rwanda
- Court
- East African Court of Justice
- Jurisdiction
- Uganda
- Case Number
- Reference 9 of 2013
- Procedural Posture
- Reference / Ruling on Discontinuance
- Outcome
- Reference discontinued by consent with costs to the Respondents.
- Judges
- Butasi JA
- Legal Topics
- Discontinuance of Proceedings, Costs Award, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ally Hatibu Msangi
Applicant
David Geoffrey Makatha
Applicant
John Adama Busemba
Applicant
The Secretary General of the East African Community
Respondent
The Attorney General of the Republic of Kenya
Respondent
The Attorney General of the Republic of Uganda
Respondent
The Attorney General of the Republic of Rwanda
Respondent
Procedural Posture
Reference / Ruling on Discontinuance
Legal Issues
- 1 Whether the Reference should be discontinued by consent of the parties.
- 2 Whether costs should be awarded to the Respondents upon discontinuance.
Ratio Decidendi
The Court held that since the application for discontinuance was made without prior notice to the Respondents and considering the time and effort expended by the Respondents in preparing pleadings and conducting research, it was just and proper to award costs to the Respondents. The Reference was therefore marked as discontinued by consent of the parties, with costs to the Respondents, pursuant to Rule 51(1)(b) of the Court's Rules of Procedure.
Court Disposition
Reference discontinued by consent with costs to the Respondents.
Orders
- Reference No. 09 of 2013 is marked as discontinued under Rule 51(1)(b) of the Court's Rules of Procedure.
- Costs are awarded to the Respondents.
Full Case Text
Judgment text and source record
27 paragraphs
# **IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA FIRST INSTANCE DIVISION**
*(Coram: Jean Bosco Butasi, J; Isaac Lenaola, DPJ; Faustin Ntezilyayo, J: Monica Mugenyi, J & Fakihi A. Jundu J)*
## **REFERENCE NO. 9 OF 2013**
1. **ALLY HATIBU MSANGI………………………**
2. **DAVID GEOFFREY MAKATHA……………. APPLICANTS**
3. **JOHN ADAMA BUSEMBA …………………..**
## **VERSUS**
| 1. | THE SECRETARY GENERAL OF<br>THE EAST AFRICAN COMMUNITY1ST RESPONDENT | | |----|-----------------------------------------------------------------------|--| | 2. | THE ATTORNEY GENERAL OF<br>THE REPUBLIC OF KENYA…….………2ND RESPONDENT | | | 3. | THE ATTORNEY GENERAL OF<br>THE REPUBLIC OF UGANDA……………3RD RESPONDENT | | | 4. | THE ATTORNEY GENERAL OF<br>THE REPUBLIC OF RWANDA………….…4TH RESPONDENT | |
### **24 TH FEBRUARY 2015**
#### **RULING**
- 1. The Applicants have sought to discontinue Reference No. 09 of 2013 under Rule 51(1)(b) of the East African Court of Justice Rules of Procedure. Since the Respondents have no objection, the Reference is marked as discontinued by consent of parties. - 2. As for costs, under Rule 51(1)(b) and (2), where there is no agreement on the terms of discontinuance, including on costs, the Court may make such orders as are just. There is clearly no agreement as whether costs are payable to the Respondents upon discontinuance of the Reference. - 3. Having heard the Parties, it is our decision that noting the nature of the matter, the time taken by all Respondents in filing pleadings and conducting research and further noting that the application for discontinuance has only been made in Court this morning, without notice to the Respondents, costs are certainly payable to the Respondents. - 4. In the event, the Reference is marked as discontinued under Rule 51(1)(b) of the Court's Rules of Procedure with costs to the Respondents.
It is so ordered.
**Dated, Delivered and Signed at Arusha this 24th day of February, 2015.**
**..……………………….**
**JEAN BOSCO BUTASI PRINCIPAL JUDGE**
**…………………………**
# **ISAAC LENAOLA DEPUTY PRINCIPAL JUDGE**
**………………………..**
# **FAUSTIN NTEZILYAYO**
#### **JUDGE**
**……………………..**
**MONICA MUGENYI JUDGE**
**……..……………..**
**FAKIHI A. JUNDU**
**JUDGE**