Coming up for Judgment: 6th April 2022.
Reference filed: on 4th June 2018.
Articles: 6(a), 9, 23, 27 & 30 of the Treaty for the Establishment of the East African Community (EAC).
Rule: 63 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Alleged abuse of the rule of law.
It is the Applicant case that, the Respondent government in between 1993 and 1994, awarded a tender to two companies namely International Industries SA and MIRONKO EURAFRICA SPRL based in Belgium and Luxembourg respectively for supply of Military equipment’s. He alleges, the tender was awarded by a confidential agreement of which the Applicant represented both companies.
That, both companies fulfilled their obligations under the agreement but the Respondent government failed to fulfil its part by paying for the supplied equipment’s.
Applicant alleges to have unsuccessfully instituted cases in the Respondent State claiming for the debt despite tendering all proof and evidence of the debt. He thus filed this Reference seeking for orders that the Respondent government violated provisions of the EAC Treaty, committed injustice against the Applicant and seek for any other remedies the Court may think just and fit to grant.
The Respondent challenges the Reference for being time barred, this Court lacking appellate jurisdiction over national courts decisions, no course of action disclosed and pray for dismissal of the Reference with costs.
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