The First Instance Division declined to
grant orders sought by one Castro Pius from Tanzania, who filed the case
arguing that the signing would cause irreparable injury.
The Court also declined to grant the
order sought by Pius directing the Secretary General to withdraw
forthwith from any negotiations initiated with the EU in view of the
17th Extra-ordinary Summit decision aforesaid until a final decision on
the Reference is delivered.
The EAC Member States which have not
signed include the Republics of Burundi, South Sudan and Tanzania and
Uganda. Kenya and Rwanda have already signed the document. The Court in
its ruling said that the Applicant has failed to establish an
irreparable injury that he would suffer that could not be compensated by
an award of damages if the injunctive order sought is not granted.
Earlier, Mr Pius argued in his
application, that he allegedly stands to suffer irreparable economic
loss and serious violation of his rights under the Treaty, if the
Partner States sign the EPA. It was also in the Applicant’s further
contention, that the way some Partner States had acted individually in
signing the EPA was harmful to the Community and to the East African
economy.
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