REFERENCE NO. 45 OF 2023 CEL PETROLEUM AND SERVICES LIMITED v. THE ATTORNEY GENERAL OF THE REPUBLIC OF SOUTH SUDAN

The Applicant allege that the Respondent’s State allocated its land to United Nations Mission in South Sudan (UNMISS) without seeking consent and issuing compensation which violates Article 5 (3) (g), 6 (d), 7 (2) and 30 of the Treaty for the establishment of the East African Community. The Applicant further avers that the Respondent’s action violates Article170 (2) of the Transitional Constitution of the Republic of South Sudan that requires the Respondent to adhere to the law when expropriating land out of public interest. The Land Act of South Sudan entitles the Applicant compensation pursuant to Section 73 (1) and 75 The Applicant has submitted Certificate of Incorporation and a title deed of the suit land among other evidentiary documents to prove its claim.