Coming up for hearing: on 8th November 2021.
Appeal filed: on 30th December 2020.
Rule: 97 of the East African Court of Justice Rules of Procedure of 2019.
Subject matter: Seizure and auctioning of Union Trade Centre Mall in Rwanda.
The Appellant, Attorney General of the Republic of Rwanda is being sued on behalf of the respective government. The Respondent, Union Trade Centre Limited (UTC) is a duly incorporated limited liability company in the Republic of Rwanda and interveners; succession Makuza Desire, succession Nkurunziza Gerald and Ngofero Tharaisse are shareholders in UTC ltd.
The Appellant, Attorney General of the Republic of Rwanda appeals against a decision of the First Instance Division dated 26th November 2020 in Reference 10 of 2013 Union Trade Centre Limited vs the Attorney General of the Republic of Rwanda and 3 Others on grounds inter alia that; the First Instance Division erred in law by allowing Reference No. 10 of 2013 and granting all prayers sought, issuing a judgment that was biased against the Appellant, declaring the Reference was filed on time without considering the real date of the cause of action, declaring the Appellant objection to UTC locus standi inadmissible, declaring UTC was properly represented by an advocate who was not duly appointed by it, rejecting interveners’ statement of intervention and their evidence and issuing a judgment against the Appellant that the take over and managing the UTC Mall by the Commissioner in charge of the abandoned property and the auctioning of the same by the Rwanda Revenue Authority, was illegal and in contravention of provisions of the East African Community Treaty a decision that contravenes Rwanda’s Internal Laws.
Appellant therefore pray for orders that, UTC was neither a litigant and nor represented before the Court, the Reference was not properly introduced before the Court, filed out of time and the action of taking over and auctioning the Mall was in accordance with Rwanda laws and not in contravention of the Treaty. Further, written submission and authorities be found to have been wrongly filed and admitted on record, and could not be based for any determination in the Reference. That, the Court declare the interveners were denied an opportunity to support the Appellant through their statement of intervention and evidence and issue an order reversing the decision entirely, cost and a declaration that, the Court is not vested with power to interpret the applicability of national laws.
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