Coming up for hearing: Tuesday 1st October 2024
Reference filed on: 13 April 2020
Article: 23(1), 27(1) & 30(1) of the Treaty for the Establishment of the East African Community.
Rule: 25(1) of the East African Court of Justice Rules of Procedure 2019
Subject Matter: Contempt of Court Orders
The Applicant states that it brings this Reference in public interest having identified injustices in deprivation of the right to property and especially land as systemic issue in the Respondent State.
The Applicant alleges that the actions by the Respondent State of failing to comply with the orders rendered by this Honourable Court in Application No. 3 of 2019 arising from Reference No. 9 of 2019 between Francis Ngaruko and The Republic of Burundi a matter concerning land property which has been inherited by the heirs of Evariste Sebatutsi violate the property rights of the Succession of Sebatutsi Evariste and therefore violating Article 6(d) and 7(2) of the Treaty for the Establishment of the East African Community, Article 15(1) of the East African Community Common Market Protocol and Article 14 of the African Charter on Human and Peoples’ Rights.
The Respondent denies the allegations by the Applicant and contends that the facts in the present Reference are the same as the facts invoked in Reference No. 9 of 2019 Francis Ngaruko v. the Attorney General of the Republic of Burundi. That the judgment in the Reference has been appealed in the Appellate Division which is still pending and therefore this Reference is frivolous, vexatious and an abuse of the process of the Court. The Respondent prays that the Reference be dismissed with costs.
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