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M.S. ARACH‐AMOKO DEPUTY PRINCIPAL JUDGE 5 JEAN BOSCO BUTASI JUDGE 10 8

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Ruling of the Court1

Komu v Tanzania

Decisão do Tribunal do Leste Africano

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Type of Document

Decisão judicial

Estado

Agente do Estado

Palavras-Chave

Democracia
Direitos Civis e Políticos
Eleições / Referendo
Extensão do Tempo
Participação no Governo

Resultado: Encomendas Feitas

Data da Decisão: 14 de fev. de 2013

Direitos Violados

Não Indicado

Duração do Procedimento: ~ 14 de fev. de 2013

Primary Documents

07_12 Komu v Attorney General of Tanzania.pdf
English
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EACJ Treaty

ARTICLE 50Election of Members of the Assembly1.The National Assembly of each Partner State shall elect, not from among its members, nine members of the Assembly, who shall represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine.2.A person shall be qualified to be elected a member of the Assembly by the National Assembly of a Partner State in accordance with paragraph 1 of this Article if such a person: 40(a)is a citizen of that Partner State;(b)is qualified to be elected a member ofthe National Assembly of that Partner State under its Constitution;(c)is not holding office as a Minister in that Partner State;(d)is not an officer in the service of the Community; and(e)has proven experience or interest in consolidating and furthering the aims and the objectives of the Community

Tratado

EACJ Treaty

Tratado

1. The East African Court of Justice Rules of Procedure 2013

(1) The respondentshall within forty-five (45) daysafter being served with a notification of the reference file and serve upon the applicant a response stating the—(a)name and address of the respondent; (b)concise statement of facts and law relied on; (c)nature of evidence in support where appropriate; and (d)relief sought by the respondent.

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

53. (1) The First Instance Division shall, within fourteenconference(14) days after the close of pleadings or such other period as thePrincipal Judge may direct, hold a scheduling conference toascertain—(a)points of agreement and disagreement,(b)the possibility of mediation, conciliation or anyother form of settlement,(c)whether evidence is to be oral or by affidavit,(d)whether legal argument shall be written or oral, orboth,(e)the estimated length of the hearing,(f)any other matters as the Division may deemnecessary,(2)If the case has good potential for settlement, the Division shall direct that the case proceeds to mediation or other form of settlement. (3)If the matter is to proceed to hearing the Division shall fix the date for commencement of hearing. 34 The East African Court of Justice Rules of Procedure 2013(4) In any case where there is no need for evidence and all parties opt to present legal arguments in writing, the Division shall prescribe the time within which the parties shall file their respective written legal arguments and may fix the date on which the parties shall appear before a bench of three judges to deal with any other matter the Division thinks necessary.

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

21. (1) Subject to sub-rule (4) of this Rule, all applicationsto the First Instance Division shall be by motion, which shall state the grounds of the application.(2) No motion shall be heard without notice to the parties affected by the application.Provided, however, that the First Instance Division, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable injustice, may hear the motion and make any ex parteorder upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Division deems just.Court vacationsHolidaysInterlocutory applications17 The East African Court of Justice Rules of Procedure 2013Service ofNotice ofMotionAffidavits in reply(3)Upon making an ex parteorder the First Instance Division shall set down the application for inter parteshearing within thirty (30) days of the ex parteorder. (4)A notice of motion shall be substantially in the ForthSchedule. (5)Every formal application to the First Instance Division shall be supported by one or more affidavits of the applicant or of some other person or persons having knowledge of the facts, in accordance with Form 3 of the Second Schedule. (6)An applicant may, with the leave of the First Instance Division or with the consent of the other party, lodge one or more supplementary affidavits. Application for such leave may be made informally. (7)The provisions of this rule shall not apply to—(a)applications made in the course of a hearing, which may be made informally; (b)applications made by consent of all parties, which may be made by letter.

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

Rules of Procedure

EACJ Treaty

Tratado

1. The East African Court of Justice Rules of Procedure 2013

10. (1) The Registrar shall not refuse to accept anydocument on the ground that it is lodged out of time but shall mark the document "Lodged out of time"and inform the person lodging it accordingly.(2) When a document is accepted out of time at a sub-registry, the receiving officer shall inform the Registrar of that fact promptly.

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

Rules of Procedure

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- Rules of Procedure8

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