{The East African Court of Justice Arusha 24 February 2015: The First Instance Division heard and allowed an Application seeking to discontinue a case filed by three (3) citizens of the United Republic of Tanzania, namely; Mr. Ally Hatibu Msanga, Mr. David Geofrey Makatha and Mr. John Adam Bwenda against the Secretary General of the East African Community and the Attorney Generals of the Republics of Kenya, Uganda and Rwanda.}
The subject matter of the main case was challenging the resolutions and Communiqués made at the meetings held by the 3 Partner States Kenya, Uganda and Rwanda (2nd, 3rd and 4th Respondents). That the meetings which were held on 24th and 25th June 2013 in Entebbe Uganda, 28th August 2013 in Mombasa Kenya and 28th October, 2013 in Kigali Rwanda in the exclusion of the United Republic of Tanzania and the Republic of Burundi were in contravention of the Treaty for the Establishment of the East African Community.
The Applicants were therefore seeking declaratory orders that the Republics of Kenya, Uganda and Rwanda acts infringed the Treaty and a declaration that the failure to report and investigate by the Secretary General of the East African Community was in breach of the Treaty.
Counsel for the Applicants made the oral application seeking Courts leave to discontinue, under Rule 51(1) (b) of the Court Rules of Procedure, the entire case against the Respondents due to financial hardship that his clients are suffering which will not allow them to continue with the Court proceedings. Counsels for the Respondents did not oppose to the Application but sought to be awarded costs by the Applicants. They explained that they invested time and money on this matter in terms of researching and attending the Court sessions and that the Applicants did not show any cooperation with the Respondents for the advancement of the Court proceedings.
The court allowed the Application for discontinuance of the entire case and ordered that costs be paid to the Respondents.
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