Case Number APPLICATION NO. 4 OF 2015 (ARISING FROM APPEAL NO. 4 OF 2014) - REVIEW
Summary

The Claimant / Appellant filed Claim No1 of 2012 seeking a declaration that her tenure of appointment and the subsequent periodical extensions of the appointment were ultra vires the powers of the Respondent and inconsistent with the Staff Rules and Regulations and that she was entitled to a contract of employment for five years from the date of assumption of duty renewable once for another five years. The First Instance Division held that the Claimant was entitled to a contract of employment of five years and special damages for loss of earnings.

Being dissatisfied with the judgment, the Claimant appealed stating inter alia that the court erred in law by not awarding her general or aggravated damages and full costs as she had substantially succeeded in the claim.
In cross appeal, the Respondent averred inter alia that the trial court erred in law and committed procedural irregularities in considering the law, Council decisions and the evidence and in finding that the Claimant was entitled to a five year contract.

The Appellant’s Appeal was dismissed a decision from which she applied for a review.

RespondentThe Secretary General of the East African Community
ComplainantAngella Amudo
Date filed
CountriesEast African Community
KeywordError apparent on the face of the record , Grounds for review
Treaty ArticleArticle 35 , Rule 72 , Rules of Procedure 2013

First Instance Judgment

Verdict
PDF document
Date delivered
Quorum

Appeal Judgment

VerdictThe Court opined that its judgment passed on 30th July, 2015, did not suffer from any patent defect. As such, it does not warrant any interference by way of review as no error on the face of the record was proved. The Application, therefore, is misconceived and bereft of any substance or merit. It is accordingly dismissed with costs.
PDF documentDownload the decision as PDF
Date deliveredMay 25, 2016
Quorum