The Court found that while it has prima facie jurisdiction to hear the Application, the Applicants failed to demonstrate the existence of circumstances of extreme gravity and urgency or that irreparable harm would result if the 2020 elections proceeded under the current legal framework. The Applicants did not provide sufficient evidence that they or Tanzanian citizens would be prevented from participating in the electoral process or that such participation would result in irreparable harm. The Court also noted that the Applicants delayed seeking provisional measures despite being aware of the…
Sebalu v Secretary General of the East African Community (Reference 8 of 2012) [2013] EACJ 141 (22 November 2013) (First Instance Division)
Court
East African Court of Justice
Case number
Reference 8 of 2012
Judge
Arach-Amoko JA, Butasi JA, Lenaola JA, Mkwawa JA, Ntezilyayo JA
The Court found that the Council of Ministers and the Respondent failed to implement the judgment in Reference No. 1 of 2010 and the taxation ruling in Taxation Cause No. 1 of 2011, despite clear orders and knowledge of those orders. The absence of a stay or discharge meant the orders remained valid and binding, and the Respondent's actions constituted contempt of court and infringement of Article 38(3) of the Treaty. The attempt to justify non-compliance by reference to a pending application for leave to appeal was rejected, as only a stay could suspend the obligation to comply. The Court he…