{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).}
The Applicant 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 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.
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