Coming up for hearing: on 3rd March 2022.
Application filed: 6th July 2021.
Articles: 4, 5, 6, 7, 8, 42 (1) and 67 (3) (b) of the Treaty for the Establishment of the East African Community (EAC).
Rules: 4, 52 (1), (5), (8), 53 and 63 (2) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Certificate of urgency.
The Applicant seeks for exparte and inter parties interim orders granting this Application and Reference No. 19 of 2021 urgent status and be heard and determined expressly in accordance with the Court Rules of Procedure of 2019.
The Respondent, Secretary General of the East African Community in opposition states that, both the Application and the Reference have no merit and legal basis therefore contests the Application for certificate of urgency. Further submits, the main Reference out of which this Application arises is time barred and as such, the Reference has no probability of success. Consequently, there is no likelihood that the Applicant will suffer any irreparable injustice from proceeding with the Reference in the ordinary way.
Further states, this Application is based upon the same grounds with the Reference without any new grounds to move the Court to remove the Reference from the ordinary procedure of the Court.
The Respondent alleges, the Application is an abuse of the Court process since the Applicant has already filed in this Court Application No. 7 of 2019 seeking to review the Judgment in Reference No. 10 of 2016 which is the subject of the Application, Reference No 19 of 2021 and Application No. 7 of 2019. That, if the interim orders sought by the Applicant in this Application are granted, will render Application No. 7 of 2019 nugatory since hearing commenced on 8th June, 2021.
Therefore, this Application does not meet the conditions for intervention of the Court under Rule 52 (2) of the Court Rules of Procedure of 2019, does not disclose any irreparable injustice likely to be suffered by the Applicant thus pray for dismissal with costs.
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Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org