The East African Court of Justice First Instance Division on 2nd September 2014 as it resumed its sessions allowed withdrawal of the Application against the Secretary General of the East African Community, the Attorney Generals of the 3 Partner States, the Republics of Kenya, Uganda and Rwanda over holding meeting with exclusion of the United Republic of Tanzania and Republic of Burundi.
The subject of the Application was to seek Court orders to temporary prevent the 1st Respondent (Secretary General of the EAC), the 2nd Respondent (Attorney General of Kenya), the 3rd Respondent (Attorney General of Uganda) & the 4th Respondent (Attorney General of Rwanda) from holding meetings in exclusion of the United Republic Tanzania and the Republic of Burundi, as well as preventing the respondents from implementing resolutions arrived at their meetings held on 24th- 25th June in Entebbe- Uganda, 28th August 2013 in Mombasa- Kenya and 28th October in Kigali- Rwanda pending the hearing and determination of the main case.
The Applicants made an oral request in Court to withdraw their matter which the Respondents agreed on. With the consent of the parties the Court allowed withdraw in accordance with rule 51(1) (b) of the East African Court of Justice Rules of Procedure. However Court ordered that the costs of the Application shall abide by the main case.
The Applicant’s was represented by Mr. Jimmy Obeid while the 1st Respondent was represented by Dr. Anthony Kafumbe, 2nd Respondent represented by Mr. Peter Ngumi and Ms. Stella Muthoni, 3rd Respondent represented by Elisha Bafirawara, Richard Adrole and Morine Ijang and the 4th Respondent was represented by Mr Malala.
All appeared before a full bench of the First Instance Division.
Rule 51(1) An applicant or claimant may discontinue its reference or claim against all or any of the respondents or may withdraw any part of the reference or claim; and the respondent may in similar manner discontinue or withdraw its counterclaim
(b) With leave of the Court or with written consent of all parties after a date for opening oral proceedings had been fixed.
Rule 1(2) Nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
Rule 23 (2) Any such person may, with the leave of the First Instance Division or with the consent of the applicant, lodge one or more supplementary affidavits in accordance with Form 3 of the Second Schedule. Application for such leave may be made informally.
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