Coming up for hearing: Monday 30th September 2019
Reference filed on: 21 November 2019
Article; 6(d), 7(2), 23, 27 and 30(2) of the Treaty for the Establishment of the East African Community.
Rules: 24(2), (3) and (4) of the East African Court of Justice Rule of Procedure 2013.
Subject Matter: Alleged appropriation of Land
The Applicant Nzambimana Edouard a physical person, represented by Mr. Jean Bosco who is a resident in Bujumbura Republic of Burundi alleges that he legally acquired property comprised in 207 Hectares and 60 ares from Ruzizi Company and has quietly enjoyed possession and use of it for about 28 years but the Respondent State through the Special Court on Land and other Assets illegally disposed him of the property without compensation, causing him enormous economic loss.
The Applicant further alleges that the Respondent’s State act through its Special Court on Land and other Assets of distorting the facts and poorly enforcing the laws of Burundi leading to the decision that dispossessed him of his property violated Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community.
The Applicant therefore prays that the decision be annulled, the land returned to him and he be compensated for special and general damages.
The Respondent denies all the allegations by the Applicant and contends that Ruzizi Company that purportedly sold to the Applicant the property did not have the right to sell the property but only had the right to exploit. He also states that the government reserves the right on land that is not exploited and can forfeit the land to the benefit of another.
The Respondent therefore states that the Special Court has not violated any National Law or any provisions of the Treaty and prays that the Reference be dismissed with costs.
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