Msangi and Others v Secretary General of the East African Community and Others (Reference 9 of 2013)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court granted the applicants' application to discontinue Reference No. 9 of 2013 by consent of parties under Rule 51(1)(b). Costs were awarded to the respondents, noting the time taken in filing pleadings and research, and that the discontinuance application was made without prior notice to the respondents.
Outcome
Reference discontinued by consent with costs to the respondents
Facts
The applicants sought to discontinue Reference No. 9 of 2013 under Rule 51(1)(b) of the East African Court of Justice Rules of Procedure. The respondents did not object to the discontinuance itself. However, there was no agreement between the parties on whether costs should be payable to the respondents upon discontinuance. The application for discontinuance was made in court on the morning of the hearing without prior notice to the respondents.
Issues
- Whether the applicants should be permitted to discontinue the reference.
- Whether costs should be awarded to the respondents upon discontinuance.
Orders
- Reference No. 9 of 2013 marked as discontinued under Rule 51(1)(b) of the Court's Rules of Procedure.
- Costs awarded to the respondents.
Legislation cited (2)
- East African Court of Justice Rules of Procedure Rule 51(1)(b)
- East African Court of Justice Rules of Procedure Rule 51(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.