East African Court of Justice Arusha, 27th November 2014: The East African Court of Justice First Instance Division on 27th November 2014 delivered a judgment on a case between Union Trade Centre Limited a company legally registered in Rwanda (Applicant) and the Attorney General of Rwanda (Respondent).
TheApplicant sought to hold the Government of the Republic of Rwanda responsible for acts of the Kigali City Abandoned Property Management Commission (an entity set up under the internal laws of the Republic of Rwanda) on alleged unilaterally taking over of his property (Union Trade Centre Limited). It was the Applicant’s contention that such action contravened Articles 5(3), 6(d), 7(1) (a) and (2) and 8 (1) of the EAC Treaty.
The Applicant therefore prayed for declarations that, in taking over his property (Union Trade Centre Mall) the Respondent contravened Articles 5(3), 6(d), 7(1)(a) & (2) and 8(1) of the EAC Treaty. He also prayed that the Respondent be restrained from further interference with his business and management of his property and the Court orders the Respondent to pay the Applicant general damages as well as cost for the case.
The Court in delivering the judgment stated among other things that the Applicant had not established a violation of the Treaty that is attributable to the Respondent (Government of the Republic of Rwanda) and therefore declined to grant the declarations sought. The Court further stated that, having found that the issues raised in the case are of great importance to the Community and the Partner States, and that the issues have not been previously adjudicated before it, each party to bear its own costs.
For editors
Article
5 (1) The objectives of the Community shall be to develop policies and programmes aimed at widening and deepening cooperation among the Partner States in political, economic, social and cultural fields, research and technology, defence, security and legal and judicial affairs, for their mutual benefit.
(3) For purposes set out in paragraph 1 of this Article and as subsequently provided in particular provisions of this Treaty, the Community shall ensure:
(g)the enhancement and strengthening of partnerships with the private sector and civil society in order to achieve sustainable socio-economic and political development.
6 (d) The fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shall include: good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights.
7 (1)The principles that shall govern the practical achievement of the objectives of the Community shall include:
(a)people centred and market-driven co-operation.
(2) The Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.
8(1) The Partner States shall:
(a) plan and direct their policies and resources with a view to creating conditions favourable for the development and achievement of the objectives of the Community and the implementation of the provisions of this Treaty;
(b)co-ordinate, through the institutions of the Community, their economic and other policies to the extent necessary to achieve the objectives of the Community; and
(c)abstain from any measures likely to jeopardise the achievement of those objectives or the implementation of the provisions of this Treaty.
For more information please contact:
Ms. Geraldine Umugwaneza, Acting Registrar
Email: umugwaneza@eachq.org
Mr. Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs Department;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org
East African Court of Justice
Arusha, Tanzania
https://www.eacj.org/