VENANT MASENGE v. THE ATTORNEY GENERAL OF THE REPUBLIC OF BURUNDI
| Case Number | REFERENCE NO. 9 OF 2012 |
| Summary |
- This is a Reference by one VENANT MASENGE, a resident of the Republic of Burundi (hereinafter referred to as the “Applicant”). His address for the purpose of this Reference is indicated as C/O Mr. Horace NCUTIYUMUHETO, Boulevard Patrice Lumumba, P.O. Box 1374 Bujumbura, Burundi.
- The Reference was filed on 10th August 2012 under Articles 3(3)(b), 6(d), 7(2), 8(4), 27(1) and 30(1) &(2) of the Treaty Establishing the East African Community (hereinafter referred to as the “Treaty”) and Rules 1(2) and 24 of the East African Court of Justice Rules of Procedure (hereinafter referred to as the “Rules”).
- The Respondent is the Attorney General of the Republic of Burundi sued in his capacity as the Principal Legal Adviser of the Republic of Burundi.
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| Respondent | The Attorney General of The Republic of Burundi |
| Complainant | Venant Masenge |
| Date filed | August 10, 2012 |
| Countries | Burundi |
| Keyword | |
| Treaty Article | Article 27 , Article 3 , Article 30 , Article 6 , Article 7 , Article 8 , Rule 1 , Rule 24 |
First Instance Judgment
| Verdict | We note, however, that the Applicant seeks the followings declarations and orders:
“(a) A declaration that the occupation and exploitation of the Applicant’s property is unlawful and is an infringement of Article 6(d) of the Treaty for the Establishment of the East African Community.
(b)A declaration that the whole land of KIZINA as claimed by the Applicant and demarcated on the Registration certificate belongs to Venant MASENGE and all illegal constructions and occupations have to be immediately demolished by the Respondent and turned out.
(c)An order that the Respondent restitutes the full property of the land to the Applicant.
(d) Declare that the Applicant has a full right to enjoy the property right on KIZINA land according to his Registration title.
(e)An order that the costs and incidental to this Reference be met by the Respondent.
(f) That this Honorable Court be pleased to make such further or other orders as may be necessary in the circumstances.”
We have addressed prayer (a) while determining Issue No. 2 of the Reference. As for prayers (b), (c) and (d), we are of the view, in agreement with the Respondent, that this Court is not clothedwith the jurisdiction to grant them since they clearly fall outside the Court’s jurisdiction as provided for by Articles 23, 27 as read together with Article 30 of the Treaty.
CONCLUSION
In light of our findings and conclusions on issues herein, we make the following orders:
- A declaration that the occupation and exploitation of the Applicant’s property is unlawful and is an infringement of Article 6(d) of the Treaty for the Establishment of the East African Community.
- Prayers (b), (c) and (d) are disallowed.
- On costs, the Applicant has partially succeeded and shall be awarded half of the taxed costs to be borne by the Respondent.
It is so ordered. |
| PDF document | Download the decision as PDF
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| Date delivered | June 18, 2014 |
| Quorum | |
Appeal Judgment
| Verdict | |
| PDF document | |
| Date delivered | |
| Quorum | |
