Wakilii

Etienne and Anor v Secretary General of the East African Community (Application 8 of 2015)

East African Court of Justice · [2015] EACJ 33 · 2015 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim orders pending hearing of Reference No. 5 of 2015, seeking to restrain recruitment process for Registrar of EACJ
Decision
Application for interim orders dismissed; underlying reference to proceed expeditiously

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court dismissed the application for interim orders restraining the Secretary General from continuing recruitment of the Registrar of the East African Court of Justice. The Court found it neither judicious, necessary nor desirable to issue the interim orders sought, and directed that the underlying Reference No. 5 of 2015 be placed before the Court immediately for expeditious disposal.

Outcome

Application for interim orders dismissed; underlying reference to proceed expeditiously

Facts

On 9 September 2015, the Applicants filed Reference No. 5 of 2015 challenging the Secretary General's recruitment of the Registrar of the East African Court of Justice on grounds that the recruitment requirements differed from those set out in Article 45(1) of the Treaty. Simultaneously, they filed the present application under certificate of urgency seeking interim orders to restrain the Respondent from continuing the recruitment process. The Applicants argued that the Secretary General was infringing Treaty provisions and that they would suffer irreparable injury unless interim orders were granted. The recruitment process was at its final stage when the application was heard.

Issues

  1. Whether interim orders should be granted restraining the Secretary General from continuing the recruitment process for the Registrar of the East African Court of Justice pending determination of Reference No. 5 of 2015.

Orders

  • Application dismissed.
  • Reference No. 5 of 2015 to be placed before the Court immediately for direction on its expeditious disposal.
  • Reasons for decision to be delivered on a date to be notified to the parties.

Rules and key headnotes

Interim Orders — Discretionary Nature — Grant under Treaty Article 39
The grant of interim orders by the East African Court of Justice is governed by Article 39 of the Treaty for the Establishment of the East African Community read together with Rule 21 of the EACJ Rules of Procedure, which provides that the Court may make any interim orders it considers necessary or desirable.
Delivery of Judgment — Decision without Reasons — Urgent Matters
Under Rule 68(3) of the EACJ Rules of Procedure, the Court may in any particular case direct that only the decision and not the reasons shall be delivered in Court, with reasons to be delivered on a date to be notified to the parties.

Legislation cited (5)

  • Treaty for the Establishment of the East African Community Article 39
  • Treaty for the Establishment of the East African Community Article 45(1)
  • East African Court of Justice Rules of Procedure Rule 21
  • East African Court of Justice Rules of Procedure Rule 68(2)
  • East African Court of Justice Rules of Procedure Rule 68(3)

Full judgment

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

Etienne and Anor v Secretary General of the East African Community (Application 8 of 2015) [2015] EACJ 33 (30 October 2015)
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.