EasyFit
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- Jul 4, 2011
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EAST AFRICAN COURT OF JUSTICE
APPLICATION NO. 6 OF 2011
1. THE DEMOCRATIC PARTY
APPLICATION NO. 6 OF 2011
1. THE DEMOCRATIC PARTY
2. MUKASA FRED MBIDDE ]…………….APPLICANTS
VERSUS
1. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY
and
1. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY
and
2. THE ATTORNEY GENERAL OF UGANDA
]……….RESPONDENTS
The gravamen of the complaint of the Applicants, if we may put it in a nutshell, is that the Government of Uganda and its Parliament have not to-date amended the Rules of Procedures of Parliament, 2006 ( hereinafter referred to for brevity as the "Rules"), in order to conform to the provisions of Article 50 of the Treaty which provides for election of members of the EALA.
DETERMINATION OF THE APPLICATION BY THE COURT
We have carefully gone over the materials placed before us in this application and after considering the oral submissions of both 9 sides and the law on the subject, our findings and conclusions are as follows:
We are of the considered view, based on the totality of the available affidavit evidence on record, that if the application is denied and the elections of Uganda's Representatives to the EALA take place under the impugned Rules and if the Reference is eventually determined in favour of the applicants, not only the Applicants but also the EALA and the East African Community itself, stand to suffer irreparable injury. .......
We, therefore, find and hold that the second criterion for the grant of an interim injunction has also been satisfied.
Ukisoma hii kesi inafanana kwa kila kitu na watakayofungua Chadema kesho.