Coming up for hearing: 24th June 2021.
Application filed: on 29th June 2020.
Rules: 1, 4 & 52 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Temporary injunction restraining the Respondent from trespassing or constructing the disputed land.
The Applicant is a limited liability company duly incorporated under the laws of South Sudan and the Respondent is the Attorney General of the Republic of South Sudan sued as the legal representative of the Government.
The Applicant seek for temporary injunction restraining the Respondent, his agents, servants, employees, assignees, United Nations (UN) mission in South Sudan or anyone else deriving title of authority from the Respondent from trespassing, constructing or building the disputed land until determination of the Reference. Also pray for costs incidental to this application to abide the result of the case.
The Applicant alleges to have legally acquire the disputed land in 2007 and that, the Respondent Government granted the said land to UN mission in South Sudan on 12th August 2005 for three months and later extended the grant for 5 years from 12th July 2011 by an agreement which the Applicant was not a party, its consent was neither sought nor compensated. The UN mission has occupied, developed and used the disputed land without the Applicant consent despite a notification that the Government does not own the land.
Dissatisfied with the Respondent action, the Applicant filed Reference No. 17 of 2020 Juba Airport City Park Limited vs The Attorney General of South Sudan alleging that, it is the legal owner of the land and that the illegal action of the Government of the Republic of South Sudan of expropriating the said land without its consent and transfer the same to the United Nations mission is contrary to the Treaty for the Establishment of the East African Community.
It is the Applicant submission therefore that, there is a prima facie case with high chances of success, will suffer irreparable loss and damage if the order for temporary injunction is not granted and it is in the interest of justice and equity that the orders sought herein be granted.
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