RULING OF THE COURT
INTRODUCTION
The Applicants filed an Application before this Court by Notice of Motion under
Rules 1(2), 4, 21 and 118 of the EACJ Rules and Article 30 (2) of the Treaty
for the Establishment of the East African Community, (“the Treaty”). The
Applicants are seeking for orders and interim orders that:
a) This motion and any other pleadings/Applications by the Applicants
touching on and/or arising from Reference No.4 of 2011 before this
Court or connected therewith be lodged without payment of fees
and fee in connection with the said Reference be waived and/or
refunded as the case may be.
b) Due to the nature and urgency of the Application, and to avoid
irreparable injustice this Honourable Court be pleased to prohibit,
restrain and injunct the Government of Uganda (the Second
Respondent herein) and all institutions and/or persons and/or
authorities hereunder, as the case may be, from proceeding with
prosecution and/or trial of the Applicants pending the hearing and
the determination of Reference No. 4 of 2011 before this
Honourable Court.
c) The time lag for institution of this Reference as prescribed by
Article 30 (2) of the Treaty be condoned by extension of time and
the Reference be deemed to be within time.
d) The Costs incidental to this Application abide to result of Reference
No.4 of 2011 lodged with this Honourable Court.
The Application is supported by the affidavits of Rabia Mohamed Omar, the
wife of the 1st Applicant herein. In opposition to the Application is the response
of Ms. Patricia Mutesi, Counsel for the 2nd Respondent.
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