Wakilii

Mbowe and Others v Attorney General of the United Republic of Tanzania

East African Court of Justice · [2019] EACJ 46 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for interim orders arising from Reference No. 3 of 2019
Decision
Ex parte application refused; matter to proceed inter partes

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Court declined to grant ex parte interim orders, holding that the gravity of the allegations required that both parties be heard inter partes before the Court could determine whether to grant the interim relief sought. The application was disallowed and the applicants were directed to serve the respondent.

Outcome

Ex parte application refused; matter to proceed inter partes

Facts

The applicants sought interim orders ex parte in an application arising from Reference No. 3 of 2019 before the East African Court of Justice. Counsel for the applicants advanced arguments in support of the grant of interim orders without notice to the respondent, the Attorney General of the United Republic of Tanzania.

Issues

  1. Whether the case made by the Applicants warranted the grant of interim orders ex parte rather than inter partes.

Orders

  • Ex parte application disallowed.
  • Applicants directed to serve the application for interim orders upon the Respondent.
  • A date for inter partes hearing to be communicated on notice.

Rules and key headnotes

Civil Procedure — Interim Orders — Ex Parte Applications — Test for Grant
The Court will grant ex parte interim orders only if satisfied that it is just to do so, and where the gravity of allegations is such that justice requires both parties be heard, the Court will decline to grant ex parte relief and direct that the application proceed inter partes.

Full judgment

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

Mbowe and Others v Attorney General of the United Republic of Tanzania [2019] EACJ 46 (19 June 2019)
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.