Coming up for ruling: on 7th October 2021.
Application filed: on 29th January 2020.
Article: 39 of the Treaty for the Establishment of the East African Community.
Rules: 21(2) and 73 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Interim measure.
Seeking for orders certifying the Application as urgent and be heard ex-parte and pending inter parte hearing and determination, an order prohibiting the Respondent from implementing impugned decision of Special Court of Lands and other property Appeals Chamber dated 28th August 2019 which ordered demolition of houses, destruction of crops and trees. Or in any way taking action to revoke, cancel and otherwise dispose of the Applicants interest in the subject property. Further, the Respondent to file an appropriate undertaking before the court that, no alteration or any modification shall be done on the subject property pending orders of this Court.
The Applicant alleges that, the decision is contrary to both Burundian law and the Treaty for the Establishment of the East African Community and is intended to be executed before a communication seeking review of the same from the Minister of Justice of the Republic of Burundi and a Reference to this Honourable Court is finalized.
Further, the Reference out of which this Application arose, raises serious matter for consideration, with high probability of success and measures sought are necessary to ensure respect for the rule of law and good governance provided for in the fundamental principles of the Community. Moreover, the decision will cause irreparable harm by exposing occupants to live on the street in bad weather consequently harm their health. The Applicant therefore seek for the provisional measure preventing the execution of the challenged decision.
Reference No. 24 of 2019 Heir of Nikobamye Mathias represented by Mr. Fini Fany Placide and Mrs Anita Kanyambo vs The Attorney General of the Republic of Burundi challenges the decision of the Special Court on lands and other assets against the succession in Nikobamye for being unlawful and an infringement of the Treaty for the Establishment of the East African Community in particular Articles 6(d) and 7(2) by denying the Applicant the right to fair trial at the hearing.
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