MANARIYO DESIRE v. THE ATTORNEY GENERAL OF THE REPUBLIC OF BURUNDI

Case Number	REFERENCE NO. 8 OF 2015
Summary	This Reference was brought under Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community (hereinafter referred to as “the Treaty”); Article 15(1) of the Protocol on the Establishment of the East African Community Common Market (hereinafter referred to as “the Protocol”), and Rules 1(2) and 24 of the East African Court of Justice Rules of Procedure, 2013 (hereinafter referred to as “the Rules”).
Respondent	The Attorney General of the Republic of Burundi
Complainant	Manariyo Desire
Date filed
Countries	Burundi
Keyword
Treaty Article

Verdict	Having held as we have with regard to non-proof of the Applicant's purported property rights; we decline to grant Orders for the restoration of unproven rights or a progress report in respect thereof. With regard to the question of costs, we are mindful of Rule 111(1) of this Court's Rules that postulates that costs should follow the event unless the Court, for good reason, decides otherwise. In the instant case the Reference has not succeeded so ordinarily the costs thereof would be to the Respondent. However, we find that the matters that were canvassed herein were of grave importance to the advancement of Community Law. We therefore deem it just to order each party to bear its own costs. In the result, the Reference is hereby dismissed. Each Party shall bear its own costs. We so order.
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Date delivered	December 2, 2016
Quorum