The East African Law Society Vs The Secretary General of The East African Community

Case Card

Case NumberNo. 1 of 2011
Summary

This is a case covering different, potentially conflicting treaties, their interpretation and consequences arising thus for jurisdiction of the Court.

RespondentThe Secretary General of The East African Community
ComplainantThe East African Law Society
Date filed
CountriesEast African Community
KeywordJurisdiction , Treaty Amendments
Treaty ArticleArticle 1 , Article 151 , Article 27 , Article 30 , Article 38 , Article 4 , Article 5 , Article 6 , Article 67 , Article 7 , Article 75 , Article 76 , Article 8 , Rule 1 , Rule 24


First Instance Judgment

VerdictFrom the analysis of the issues set for determination, it is obvious that we have not found wholly in favour of the position taken by either party to the Reference. We however, concluded as follows: The dispute settlement mechanisms created under the Customs Union and Common Market Protocols do not exclude, oust or infringe upon the interpretative jurisdiction of this Court. Further, the impugned provisions of both Protocols are not in contravention of or in contradiction with the relevant provisions of the Treaty. In the premises any submission that this Court lacks jurisdiction over disputes arising out of the interpretation and application and implementation of the Protocols cannot be sustained, and we have given our reasons elsewhere above.
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Date deliveredFebruary 14, 2013
Quorum


Appeal Judgment

Verdict
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Date delivered
Quorum


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