Costs
124. We are alive to the provisions of Rule 111 of the Rules of this Court which
provides that “costs in any proceedings shall follow the event unless the Court
shall, for good reasons, otherwise order”.
125.
We believe that in the filing and prosecution of this Reference the Applicant’s
objective was to highlight, contest and cause resolution to an issue of regional
concern rather than to seek material restitution, for his six hour ordeal, from
the Republic of Uganda. We think he has achieved that.
126.
It is our belief also that the physical and emotional distress he was subjected
to, while tucked away and chilling unnecessarily at Entebbe International
Airport, stung the human rights activist in him into seeking to prevent it from
happening to another citizen of a Partner State. We would hope he has
achieved this or, at any rate, made his contribution to its achievement.
127.
Finally, we have no doubt that the issues raised and determined in this
Reference will enrich and benefit Community jurisprudence, courtesy of the
Applicant.
128.
In view of the foregoing, we find that this Reference qualifies as a public
interest and a fitting one where each party should bear their costs.
Whether the Applicant is entitled to the prayers sought.
129.
In light of the above considerations and findings, prayers i, ii, iii, and iv are
granted. Prayer v is not granted.
REFERENCE NO.5 OF 2011
Page 55
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