Coming Up for Scheduling Conference: on the 3rd day of March, 2026.
Reference filed: 31st day of May 2019, under certificate of urgency.
Under Articles: 6(d),7(2),8(1)(a) &(c),23(1),27(1), and 30(1) of the Treaty for the Establishment of the East African Community and all enabling provisions of the law.
Subject matter: Disentitlement of lawfully acquired property.
Summary
The Applicant ground for this Reference is that on the Respondent caused him grievances by disentitling him of his lawfully acquired property, situate in Bujumbura contrary to the requirements of good governance.
The Applicant stretched that his Father, the late acquired the land and registered it by the official registry of land with certificate of Registration.
The Applicant submit that during war the moved away for safety but when they returned after Arusha Peace Agreement in 2000
Applicant alleges that the Respondent took over the property without iota of compensation, or at all, to Applicant.
Applicant also contends that the Respondent`s tribunal failed to exercise, and to properly so exercise, the laws of natural justice where no one should act as a judge in its own case.
Applicant alleges that the process of hearing the matter took unnecessary delay of 5 years subjecting the Applicant to huge economic losses.
The Applicant seeks the following declarations and orders.
i. A declaration that the decision of Respondent to cancel the Applicant`s title and that of His late father, Evaristee Sebtutsi, contravenes the Treaty.
ii. A declaration that the Respondent violated Article 6(d), of the Treaty by acquiring the property of the Applicant without due compensation.
iii. A declaration that the delay to conclude the dispute by the Respondent violates Article 6 (d) Treaty and constitutes unfairness to the Applicant.
iv. An order directing the Respondent to restore the Applicant into possession of the property and guarantee peaceful enjoyment.
v. Interest be calculated at Court rate, until payment in full,
vi. Costs.
vii. Finally, any other order that the Honorable Court considers expedient in the circumstances.
Judgment on this matter was delivered on the 30th, September, 2022 in the First Instance Division in which it was concluded,
i. that the decision of the Respondent to cancel the Applicant`s title and declare his property one without a master, contravened Article 6(d) of the Treaty.
ii. the Respondent should restore the property to the Applicant forthwith or pay him adequate compensation for the property based on the current market value; and
iii. The Respondent shall pay to the Applicant costs for this Reference.
Against this Judgment, the Respondent entered an Appeal to the Appellate Division, cited as Appeal No. 12 of 2022. After hearing the appeal, a judgment was delivered on February,2024, in that Judgment;
i. the Appeal was partly allowed
ii. the Judgment of the First Instance Division is varied to the extent set out herein.
iii. the matter is remitted to the Trial Court for determination of a sole issue, namely the extent of Respondent`s claim; and finally
iv. each party shall bear its own costs both in Reference and in the Appeal.
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