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Published On: Tue, Jan 24th, 2012
Press Releases | Published On: Tue, Jan 24th, 2012
Session of the East African Court of Justice. EAC photo
East African Court of Justice, Arusha, 24 January 2012:The EACJ will decide 15 March 2012 whether the permanent injunction its lower division handed the Tanzanian Government and effectively blocked the latter's attempt to construct a highway through the Serengeti National Park should stand.
The Appellate Division of the EACJ set the date after it heard an Appeal today by the Attorney General of the United Republic of Tanzania disputing the permanent injunction the First Instance Division of the regional court handed the Government last year.
Appearing before Justices Harold Nsekela, President, Emilie Kayitesi and James Ogoola, Principal State Attorney Mr. Gabriel Malata had asked the EACJ Appellate Division to strike out the ruling of the First Instance Division, arguing that while the lower division of the Court had jurisdiction to hear the matter under Article 27 of the EAC Treaty, it did not have powers to order a permanent injunction against the Government of Tanzania.
The permanent injunction followed a suit by the Africa Network for Animal Welfare (ANAW) contestingTanzania's intention to build a "super highway" crossing the Serengeti, with the Kenyan organization arguing it would be hazardous to animals.
Mr. Saitabao Kanchory Mbalelo, counsel representing the respondent (ANAW), however insisted that the First Instance Division had jurisdiction in the matter and powers to grant any other orders sought, including permanent injunctions.
He added that permanent injunctions are equitable remedies which are available to the EACJ as they are in the national courts, and concluded by asking the Court to dismiss the Appeal.
About the EACJ
The East African Court of Justice (EACJ or ‘the Court'), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court's major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The High Courts of the Partner States serve as sub-registries. More on EACJ.
For more information please contact:
Dr. John Ruhangisa, Registrar
Email: ruhangisa@eachq.org
Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org
Press Releases | Published On: Tue, Jan 24th, 2012
Session of the East African Court of Justice. EAC photo
East African Court of Justice, Arusha, 24 January 2012:The EACJ will decide 15 March 2012 whether the permanent injunction its lower division handed the Tanzanian Government and effectively blocked the latter's attempt to construct a highway through the Serengeti National Park should stand.
The Appellate Division of the EACJ set the date after it heard an Appeal today by the Attorney General of the United Republic of Tanzania disputing the permanent injunction the First Instance Division of the regional court handed the Government last year.
Appearing before Justices Harold Nsekela, President, Emilie Kayitesi and James Ogoola, Principal State Attorney Mr. Gabriel Malata had asked the EACJ Appellate Division to strike out the ruling of the First Instance Division, arguing that while the lower division of the Court had jurisdiction to hear the matter under Article 27 of the EAC Treaty, it did not have powers to order a permanent injunction against the Government of Tanzania.
The permanent injunction followed a suit by the Africa Network for Animal Welfare (ANAW) contestingTanzania's intention to build a "super highway" crossing the Serengeti, with the Kenyan organization arguing it would be hazardous to animals.
Mr. Saitabao Kanchory Mbalelo, counsel representing the respondent (ANAW), however insisted that the First Instance Division had jurisdiction in the matter and powers to grant any other orders sought, including permanent injunctions.
He added that permanent injunctions are equitable remedies which are available to the EACJ as they are in the national courts, and concluded by asking the Court to dismiss the Appeal.
About the EACJ
The East African Court of Justice (EACJ or ‘the Court'), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court's major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The High Courts of the Partner States serve as sub-registries. More on EACJ.
For more information please contact:
Dr. John Ruhangisa, Registrar
Email: ruhangisa@eachq.org
Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org
