Coming up for hearing: Tuesday 19th of November 2024
Reference filed on: 4th November 2019
Article: 4(1,2,3), 5, 6(d), 7(2), 8, (1)(c), 23(1),27(1), 30 of the Treaty for the Establishment of the East African Community.
Rule: 1(1), (2), (3), (4), and (5) of the East African Court of Justice Rules of Procedure 2019
Subject Matter: Breach of contract
The Applicant, a company registered in both Kenya and South Sudan, claims that, the Republic of South Sudan owes it a sum of USD 45,865,608.62 that arises from a construction contract entered into in 2007, where the Applicant was contracted by the Minister of SPLA Affairs to build the Natinga warehouse and the John Garang Memorial Military Academy. The Applicant alleges that the Republic of South Sudan has breached the contract by refusing to pay the outstanding sum.
The Respondent in its response and counterclaim to the Reference contends that the Applicant was assigned the contract but by the Applicant and its predecessors the contracts were terminated in July 2011 and by that time the Respondent had made payments to the Applicant in the sum of USD 22, 326, 552.00 for contracts which the Applicant did not perform.
The Respondent further contends that the actions complained of occurred before the Republic of South Sudan joined the Community and that the Reference was filed out of time therefore the Court does not have jurisdiction. The Respondent also contends that no lawful or legitimate settlement has been discussed and or reached between the Applicant and the Respondent.
At the scheduling conference held on 28th February 2024 the parties were directed to make written submissions on the issue of jurisdiction. The matter is therefore coming up for hearing of submission highlights.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org