Coming up for hearing: on 11th November 2021.

Appeal filed: on 8th October 2020.

Rule: 97 (c) of the East African Court of Justice Rules of Procedure, 2019.

Subject matter: Cross border dispute.

The Appellant appeals against the decision of the First Instance Division dismissing Application No. 23 of 2020 Arising from Application No. 6 of 2020 which seeks extension of time to file additional affidavits and Reference No.2 of 2019 filed against it by the Respondent.

The Appellant alleges that, the Honorable Justices of the First Instance Division erred in law by dismissing Application No.23 of 2020 which was seeking to have Application No.6 of 2020 as filed by the Appellant (Applicant) and main Reference No.2 of 2019 be determined or heard by a full bench, on grounds that, the matters in the Reference No.2 of 2019 and Application No. 6 of 2020 arising from the same Reference are of immense public importance. Further alleges, the Honorable Justices of the First Instance Division erred in law by dismissing the Application and granting costs to the Respondent.

The Respondent filed main Reference No.2 of 2019 against the Appellant seeking declarations that, the acts of the Appellant/Respondent in main Reference of closing its border points and restricting Ugandan traders and their goods from entering Rwanda coupled with confiscating them and in addition restricting Rwandan citizens from entering /traveling to Uganda contravenes the provisions of the Treaty for the Establishment of the East African Community in particular Articles 5(2),6(b)(c)(d),7(1)(c)(2),8(1)(c),74,76,126 and the Common Market Protocol.

The Respondent opposed Application No.23 of 2020 owing to the fact that it was clear abuse of court process and is brought in bad faith to wit appointment of Rwandan Judge to the panel of Justices and was aimed at delaying the proper adjudication of the main Reference No.2 of 2019 the Applicant/Appellant having participated in scheduling but did not raise such issues.

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