HOW AN INDIVIDUAL OR ENTITY MAY SEEK A LEGAL REMEDY AGAINST ANY EACT AFRICAN COMMUNITY MEMBER STATE ORITS AGENTS IN EAST AFRICAN COURT OF JUSTICE.
- Seek guidance from a lawyer who will advise you accordingly
- The lawyer will first establish whether you have a cause of action under the treaty.
- Where you have a cause of action under the treaty, a reference will be prepared and filed within two months’ time from the time the act you are challenging took place or from the time you got away off the same.
- You will have to swear an affidavit to accompany the reference however if it is a labour dispute between the employee and the community then a claim should be prepared instead.
- Prepare 10 copies of the pleadings if they are only two parties, the matter shall be fixed and heard.
- In the event that you are successful with orders for compensation, you will have to apply for execution indicating in which partner state you intend to execute from.
- When it comes to execution and enforcement of the judgment you will have to look for any partner state that the state against whom the judgement has been issued has assets for example if you have judgment against Uganda you can chose to enforce it in Rwanda if Uganda has assets Rwanda i.e. impounding Uganda airline aircraft at Kigali Airport or if Uganda has accounts in Rwanda the same can be garnished.
- Once you have applied to enforce such a decree in Rwanda against Uganda, Rwanda has no option but to enforce the same.
In the event that you need specific assistance you may contact any other lawyer or us through the contacts below
Authored by OKUMU MARTIN, A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS EA
Email address: onlinetransactionconsultancy@gmail.com contacts. +250787311255, +256788105242,
What sup, +250787311255
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