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5 Apr 2022

Administrative Law [2022] EACJ 2

Kyomuhendo v Attorney General of the Republic of Uganda and Others (Application No.11 of 2020)

Kyomuhendo v Attorney General of the Republic of Uganda and Others (Application No.11 of 2020) [2022] EACJ 2 (5 April 2022) (First Instance Division)

Court: East African Court of Justice
Case number: Application No.11 of 2020
Judge: Masara PJ, Muhumuza J, Ngiye DPJ, Nyachae J, Wejuli J

The Court affirmed its jurisdiction to interpret and apply the Treaty in respect of actions by Partner States and Community institutions, but found that the Democratic Republic of Congo, not being a member of the East African Community at the time, was not bound by the Treaty and could not be properly sued. The Applicant established a serious triable issue regarding interpretation of Treaty provisions, but failed to demonstrate irreparable injury to himself or to the detainees, who were not parties to the case. The Court held that the orders sought would not provide effective relief and that…

Source excerpt

Jurisdiction Of Regional Court
Interim Injunctions
Admission Of Member States
Human Rights Compliance
Separation Of Powers

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27 Feb 2015

Administrative Law [2015] EACJ 80

Walusumbi and Others v A.G. of Republic Uganda

Walusumbi and Others v A.G. of Republic Uganda (Reference 8 of 2013) [2015] EACJ 80 (27 February 2015) (First Instance Division)

Court: East African Court of Justice
Case number: Reference 8 of 2013
Judge: Butasi JA

The Court held that it has jurisdiction to interpret and apply the Treaty in relation to acts, directives, or decisions of the Summit or other Community organs, even where the process in question is ongoing and not finalized. The Reference disclosed a cause of action because the Applicants alleged infringement of specific Treaty provisions by the Summit's directive to commence negotiations with South Sudan. However, the Court found that the process for considering South Sudan's application complied with the Treaty and Protocol, and that the Summit acted within its discretionary mandate. The A…