|Case Number||REFERENCE NO. 4 OF 2017|
This Reference was brought under Articles 6(d and 7(2) of the Treaty for the Establishment of the East African Community (‘the Treaty’), Article 15(1) of the Protocol on the Establishment of the East African Community Common Market (‘the Common Market Protocol’), Article 14 of the African Charter on Human and Peoples’ Rights and Rule 1(2) of the East African Court of Justice’s Rules of Procedure, 2013 (‘the Rules’).
It was instituted by Mssrs. Theodore Niyongabo, Gerard Niyungeko and Desire Manariyo (‘the Applicants’), who are citizens of the Republic of Burundi, a Partner State of the East African Community (EAC). The Respondent is the office of the Attorney General of the Republic of Burundi, a self-defining office that was sued in its representative capacity as the Principal Legal Advisor of the Republic of Burundi.
The Reference sought to challenge the legality of a decision of the Tribunal de Grande Instance of Muha/Bujumbura in case RC 069/16.863 for allegedly annulling the Applicants’ Certificates of Title without giving sufficient reasons or following the special procedure prescribed under Burundian law for annulling Certificates of Title.
At the hearing the Applicants were represented by Mssrs. Donald Deya and Nelson Ndeki, while Mr. Diomede Vyizigiro appeared for the Respondent.
|Respondent||THE ATTORNEY GENERAL OF THE REPUBLIC OF BURUNDI|
|Complainant||NIYONGABO THEODORE, NIYUNGEKO GERARD, MANARIYO DESIRE|
First Instance Judgment
|Verdict||In the final result, the Reference is hereby dismissed; each Party to bear its own costs. It is so ordered.|
|PDF document||Download the decision as PDF|
|Date delivered||June 16, 2020|