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Secretary General of the East African Community v Uwezeyimana (Application 15 of 2021)

East African Court of Justice · [2022] EACJ 31 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to join third party arising from Reference No. 29 of 2021
Decision
Application for leave to join third party dismissed for want of jurisdiction in personam

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The East African Court of Justice lacks jurisdiction in personam over KCB Bank Tanzania Limited, a commercial bank, as it is neither a Partner State nor an Institution of the Community as defined under Articles 9 and 30 of the Treaty for the Establishment of the East African Community. A third party notice under Rule 55 can only be issued to entities over which the Court has jurisdiction. Application dismissed with costs to the applicant.

Outcome

Application for leave to join third party dismissed for want of jurisdiction in personam

Facts

The Respondent filed Reference No. 29 of 2021 seeking death benefits due to her late husband, a former employee of the Applicant. The death benefits were paid by the Applicant through KCB Bank Tanzania Limited, which deducted an outstanding loan balance of US$ 96,954.39 allegedly owed by the deceased. The Applicant sought leave to join KCB as a third party, contending that the decision to withhold the loan amount was the Bank's decision and not the Applicant's. KCB opposed the application, contending that it and the Applicant together resolved to deduct the outstanding loan balance and that the Applicant could prove its case without joining the Bank.

Issues

  1. Whether KCB Bank Tanzania Limited can be joined as a third party in Reference No. 29 of 2021.

Orders

  • Application No. 15 of 2021 dismissed.
  • The Applicant is condemned to the costs of the Application.

Rules and key headnotes

Third Party Notice — Jurisdiction in Personam — Requirement that Court Have Jurisdiction Over All Parties
A court must have jurisdiction over all parties appearing before it in order to effectually render justice. Proceedings and any ensuing orders emanating from proceedings in want of jurisdiction amount to naught and would be unenforceable.
Third Party Notice — Effect of Service — Third Party Becomes Litigant Subject to Court's Orders
Once a third-party notice is served and the party is added as such, that party instantly becomes a litigant in the matter. The court which entertains and hears a matter in which a third party is participating adjudicates over the possible liability of this third party and consequently any orders of the court granted should be enforceable for or against such third party.
East African Court of Justice — Jurisdiction in Personam — Limited to Partner States and Community Institutions
The jurisdiction in personam of the East African Court of Justice is limited by Article 30 of the Treaty for the Establishment of the East African Community to adjudication of cases against Partner States of the Community or Institutions of the Community as designated under Article 9 of the Treaty. A commercial bank is neither a Partner State nor an Institution of the Community and cannot be joined as a party to proceedings before the Court.
Third Party Notice — Scope of Rule 55 — Third Party Must Be One Over Whom Court Has Jurisdiction
The possible third party envisaged under Rule 55 of the East African Court of Justice Rules 2019 is one over whom, potentially, the Court would have jurisdiction as stipulated under the provisions of Articles 9, 27, 30 and 31 of the Treaty for the Establishment of the East African Community.

Cases cited (3)

  • Houses and Homes Limited and Others v Jitesh Jayantilal Ladwa (Misc. Commercial Application No. 19 of 2021)
  • Kenya Union of Commercial, Food Allied Workers Limited v Gikanda Farmers' Co-operative Society Limited & Another (Cause No. E006 of 2020)
  • Attorney General of the United Republic of Tanzania v Anthony Calist Komu (EACJ Appeal No. 2 of 2015)

Full judgment

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

Secretary General of the East African Community v Uwezeyimana (Application 15 of 2021) [2022] EACJ 31 (28 November 2022)
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.