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Mbidde Foundation Ltd and Another v Secretary General of the East African Community and Another

East African Court of Justice · [2014] EACJ 146 · 2014 No Order as to Costs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on costs following withdrawal by consent of consolidated references challenging the procedure for removal of the Speaker of the East African Legislative Assembly
Decision
References withdrawn by consent with no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the consolidated references challenging the procedure for removal of the Speaker of the East African Legislative Assembly constituted public interest litigation. The office of the Speaker is crucial to the integration process of the East African Community and its removal cannot be a private matter. The withdrawal was occasioned by changed circumstances beyond the applicants' control when EALA members withdrew their signatures from the motion. Each party was ordered to bear its own costs.

Outcome

References withdrawn by consent with no order as to costs

Facts

On 20 March 2014, Mbidde Foundation Ltd filed Reference No. 3 of 2014 challenging the procedure for removal of the Speaker of the East African Legislative Assembly as infringing the EAC Treaty. On 21 March 2014, EALA members tabled a motion for the Speaker's removal. The Speaker, Rt. Hon. Margaret Zziwa, adjourned the Assembly sine die before the petition reached the Committee on Legal, Rules and Privileges, then filed Reference No. 5 of 2014 on 14 April 2014 challenging the removal procedure. The applicants sought interim orders to restrain EALA from investigating or removing the Speaker, which were dismissed on 29 May 2014. On 19 June 2014, the applicants withdrew the references after three Tanzanian EALA members withdrew their signatures from the motion, causing it to fall short of mandatory requirements under Rule 9 of the EALA Rules of Procedure. The parties agreed to the withdrawal but disputed whether costs should follow the event or whether each party should bear its own costs.

Issues

  1. Whether the consolidated references constituted public interest litigation such that each party should bear its own costs upon withdrawal.
  2. Whether the respondents were entitled to costs following the withdrawal of the references by the applicants.

Orders

  • References Nos. 3 & 5 of 2014 are hereby marked as withdrawn by consent of the Parties.
  • Each Party shall bear its own costs.

Rules and key headnotes

Civil Procedure — Costs — Public Interest Litigation — Withdrawal of References
Where references are withdrawn by consent after changed circumstances beyond the applicants' control, and the matter concerns public interest litigation involving the functioning of a regional legislative assembly, the court may order each party to bear its own costs rather than applying the general rule that costs follow the event.
Administrative Law — Public Interest Litigation — Definition and Scope
Public interest litigation is litigation for the protection of the public interest, being something in which the public has a stake and which justifies governmental or institutional regulation. A matter concerning the removal of the Speaker of a regional legislative assembly, whose office is crucial to the integration process and funded by taxpayers, constitutes public interest litigation rather than a private dispute.
Constitutional Law — Regional Integration — Role of Legislative Assembly Speaker
The office of the Speaker of the East African Legislative Assembly is vital to the operations of the Assembly and the integration process of the East African Community. The Speaker presides over all sessions, heads the administration, directs committee activities, liaises with national assemblies, and oversees the approval of the Community budget. The removal of the Speaker cannot be approached casually or treated as a private matter.
Civil Procedure — Costs — Rule 111 EACJ Rules — Reasonable Cause
Under Rule 111(2) of the East African Court of Justice Rules of Procedure 2013, a party which incurs costs improperly or without reasonable cause may be ordered to reimburse the opposite party. Where applicants pursue a reasonable cause in filing references but withdraw due to changed circumstances beyond their control, they cannot be faulted for the withdrawal and should not be penalised with costs.

Legislation cited (17)

  • Treaty for the Establishment of the East African Community Article 4(3)
  • Treaty for the Establishment of the East African Community Article 5(1)
  • 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 9
  • Treaty for the Establishment of the East African Community Article 30(1)
  • Treaty for the Establishment of the East African Community Article 36
  • Treaty for the Establishment of the East African Community Article 48(2)
  • Treaty for the Establishment of the East African Community Article 49(2)
  • Treaty for the Establishment of the East African Community Article 49(3)
  • Treaty for the Establishment of the East African Community Article 53
  • Treaty for the Establishment of the East African Community Article 53(3)
  • East African Legislative Assembly Rules of Procedure Rule 8(1)
  • East African Legislative Assembly Rules of Procedure Rule 9
  • East African Court of Justice Rules of Procedure 2013 Rule 51(2)
  • East African Court of Justice Rules of Procedure 2013 Rule 111(1)
  • East African Court of Justice Rules of Procedure 2013 Rule 111(2)

Cases cited (2)

  • B.P. Singhal v Union of India & Anr (Petition No. 663 of 2004)
  • S.P. Gupta v President of India and Others [1982] AIR SC 149

Full judgment

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Mbidde Foundation Ltd and Another v Secretary General of the East African Community and Another [2014] EACJ 146 (15 August 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.