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A.G. of United Republic of Tanzania v African Network For Animal Welfare (Appeal 3 of 2014)

East African Court of Justice · [2014] EACJ 56 · 2014 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from judgment of First Instance Division of the East African Court of Justice
Decision
Appeal partly allowed; judgment of First Instance Division upheld except on Issue No.1 regarding justiciability of mere proposal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Appellate Division held that Articles 111-114 of the EAC Treaty are self-executing and enforceable without a Protocol, and that the Court has inherent jurisdiction to grant permanent injunctions. The Court may refer to international environmental conventions to interpret the Treaty but cannot enforce those conventions directly. The appeal succeeded on the ground that the Trial Court erred in entertaining a reference based on a mere proposal without concrete government action meeting the threshold of Article 30 of the Treaty. Each party to bear own costs.

Outcome

Appeal partly allowed; judgment of First Instance Division upheld except on Issue No.1 regarding justiciability of mere proposal

Facts

The African Network for Animal Welfare brought a reference before the First Instance Division of the East African Court of Justice challenging a proposal by the Government of Tanzania to construct a bitumen road through the Serengeti Nature Reserve. The Government had commissioned a feasibility study by Inter-Consult Ltd which acknowledged grave negative environmental impacts. Following concerns raised by UNESCO and environmental groups, the Government modified its plans to construct only a gravel road through the 53km stretch passing through the Serengeti. The Trial Court found that while the Government had initially intended to construct a bitumen road, it had not commenced actual construction and had taken UNESCO's concerns into account. The Trial Court granted a permanent injunction restraining Tanzania from implementing the initial proposal. Tanzania appealed on four grounds relating to justiciability, enforceability of Treaty provisions, jurisdiction over international conventions, and power to grant permanent injunctions.

Issues

  1. Whether the Trial Court erred in law in entertaining a reference based on a mere proposal to upgrade a road which in law was incapable of being challenged in a court of law.
  2. Whether the Trial Court erred in law in enforcing Articles 111-114 of the East African Treaty which are yet to be negotiated, agreed, signed and ratified by all East African countries.
  3. Whether the Trial Court erred in law by holding that it has jurisdiction to entertain disputes of alleged violation of international conventions and declarations regardless of the same having specific fora to enforce disputes emanating from those conventions or declarations.
  4. Whether the Trial Court erred in law by holding that it has power to grant permanent injunction against any of the partner states under the Treaty.
  5. Whether the parties are entitled to the remedies sought.

Orders

  • The Appeal is allowed as regards Issue No.1, but is dismissed as regards Issues No. 2, 3 and 4.
  • Except in respect of Issue No.1, the Judgment and Orders of the First Instance Division in the Reference, including the power of the Court to grant Permanent Injunction, are upheld.
  • Each Party shall bear their own costs of the Reference, both here and below.

Rules and key headnotes

Environmental Law — EAC Treaty — Enforceability of Environmental Provisions — Self-Executing Treaty Provisions
Articles 111-114 of the EAC Treaty are self-executing provisions requiring no special act, process, or procedure to operationalize them, and are enforceable by the Court without the need for a Protocol on Environment and Natural Resources to be concluded first.
Statutory Interpretation — Treaties — Commencement and Effectiveness — Entry into Force
When a treaty enters into force upon ratification by all partner states and contains no express reservations or conditions suspending the operation of particular provisions, all provisions of the treaty become operative and enforceable from the date of entry into force unless the treaty expressly provides otherwise.
Administrative Law — Judicial Review — Jurisdiction — International Conventions
The East African Court of Justice may refer to international conventions and declarations to interpret provisions of the EAC Treaty where partner states are signatories to those instruments, but the Court cannot purport to enforce obligations created by other international instruments which have their own dispute resolution mechanisms.
Administrative Law — Remedies — Permanent Injunctions — Inherent Jurisdiction
A court established as a judicial body under a treaty has inherent jurisdiction to grant permanent injunctions as an equitable remedy necessary to ensure adherence to law and compliance with the treaty, even where the treaty does not expressly confer such power.
Administrative Law — Judicial Review — Justiciability — Threshold for Actionable Conduct
For a challenge under Article 30 of the EAC Treaty to be justiciable, there must be more than a mere proposal, plan, or intention; there must be concrete action such as approved architectural plans, budget approval, commencement of procurement, or practical manifestation of engineering works that transforms the proposal into objective action meeting the threshold of Article 30.
Administrative Law — Judicial Review — Mootness and Hypothetical Cases — Limits of Judicial Function
Courts of justice must abstain from entertaining mere hypothetical cases, abstract questions, or speculative matters; the function of courts is to give binding decisions on live disputes, not to give opinions on general hypothetical questions or matters that are clearly lifeless, spent, academic, or conjectural.
Civil Procedure — Appeals — Scope of Appellate Jurisdiction — Findings of Fact
Under Article 35A of the EAC Treaty, the Appellate Division has jurisdiction only over points of law, grounds of lack of jurisdiction, and procedural irregularity; appeals on points of fact are excluded, and the First Instance Division's findings of fact are binding on the Appellate Division.

Legislation cited (20)

  • Treaty for the Establishment of the East African Community Article 5(3)(c)
  • Treaty for the Establishment of the East African Community Article 6(d)
  • Treaty for the Establishment of the East African Community Article 7(2)
  • Treaty for the Establishment of the East African Community Article 8(1)(c)
  • Treaty for the Establishment of the East African Community Article 23(1)
  • Treaty for the Establishment of the East African Community Article 27(1)
  • Treaty for the Establishment of the East African Community Article 27(2)
  • Treaty for the Establishment of the East African Community Article 30
  • Treaty for the Establishment of the East African Community Article 35A
  • Treaty for the Establishment of the East African Community Article 42
  • Treaty for the Establishment of the East African Community Article 111
  • Treaty for the Establishment of the East African Community Article 112
  • Treaty for the Establishment of the East African Community Article 113
  • Treaty for the Establishment of the East African Community Article 114
  • Treaty for the Establishment of the East African Community Article 139
  • Treaty for the Establishment of the East African Community Article 140
  • Treaty for the Establishment of the East African Community Article 143
  • Treaty for the Establishment of the East African Community Article 151
  • Treaty for the Establishment of the East African Community Article 152
  • Vienna Convention on the Law of Treaties 1969 Article 24(1)

Cases cited (20)

  • Prof. Peter Anyang' Nyong'o & 10 Others v Attorney General of Kenya & 5 Others (EACJ Reference No. 1 of 2006)
  • Democratic Party v EAC Secretary General (Reference No. 2 of 2013)
  • Democratic Party v EAC Secretary General (Appeal No. 1 of 2014)
  • Ex Parte Firth [1882] 19 Ch. Div. 419
  • North Staffordshire Railway Co. v Edge [1920] AC 254
  • The Tasmania [1890] AC 223
  • Tanganyika Farmers Association Ltd v Unyamwezi Development Corporation Ltd [1960] EA 620
  • Alwi A. Saggaf v Abedi Ali Algeredi [1961] EA 767
  • Alcon International Ltd v Standard Chartered Bank of Uganda (EACJ Appeal No. 3 of 2013)
  • Borowski v Attorney General of Canada [1989] SCR 342
  • Legal Brains Trust v Attorney General of Uganda (EACJ Appeal No. 4 of 2012)
  • Societe d' Importation Edouard Leclerc-Siplec v TFI Publicite' SA and M6 SA (Case C-412/93)
  • Robards v Insurance Officer (Case 149/82)
  • C. D. Olale v G.O. Ekwelendu [1989] LPELER-SC 54/1988
  • Alhaji Yar'adua & Anor. v Alhaji Abubakar & Others (SC 274/2007)
  • Re Pacific R. Commission, 32 Fed. 241
  • Muskrat v United States, 219 US 346 (1911)
  • Steel Co. v Citizens for a Better Environment, 532 US 83 (1998)
  • Aetna Life Ins. Co. v Haworth, 300 US 227
  • Attorney General of Kenya v Independent Medical Legal Unit (EACJ Appeal No. 1 of 2011)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

A.G. of United Republic of Tanzania v African Network For Animal Welfare (Appeal 3 of 2014) [2014] EACJ 56 (29 July 2014)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.