Kahoho v Secretary General of the East African Community
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court dismissed the application for review with costs under Rule 1(2) of the East African Court of Justice Rules of Procedure, 2013, after the applicant and his counsel failed to appear at the scheduled hearing despite being duly served with notice, finding that the applicant had lost interest in prosecuting his case.
Outcome
Application dismissed with liberty to apply for re-institution
Facts
The applicant sought review of the Appellate Division's judgment dated 28 December 2014 in Appeal No. 2 of 2013. When the application was called for hearing on 9 November 2015, only counsel for the respondent appeared. Neither the applicant nor his counsel attended despite being duly served with notice of the hearing. No explanation was provided for their absence. Counsel for the respondent submitted that the applicant had lost interest in the case and urged dismissal with costs under Rule 1(2) of the East African Court of Justice Rules of Procedure, 2013.
Issues
- Whether the application for review should be dismissed for non-appearance of the applicant and his counsel at the scheduled hearing.
Orders
- Application dismissed for non-appearance of the applicant.
- Costs awarded to the respondent.
- Applicant at liberty to apply for re-institution of the application.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.