{ {{East African Court of Justice Arusha, }} : The First Instance Division heard a case filed by a citizen from the Republic of Burundi, Mr. Georges Ruhara seeking a declaration of the Court that the forced occupation of his home and other buildings on the property of the Applicant by the Government of Burundi is an infringement of Articles 6(d) and 7(2) of the Treaty}.
Mr. Horace Ncutiyumuheto Counsel representing the Applicant submitted that in July 2003 during an attack by rebels in Burundi’s Musanga region, the Applicant was forced to leave his home and since then, his home and other buildings on the property have been occupied by the Burundi Military. He added that Mr. Ruhara was denied the right to access his property, and more importantly his home. The Counsel added that the Applicant wrote many letters to the Burundi Minister of Defence seeking to regain possession of his property on several occasions with the latest written in May 2014, however in response to the Applicant’s letters, the Minister of Defence has declined to release the property and maintains that the Applicant should seek compensation for the land and other assets.
Mr. Ncutiyumuheto further urged that the Constitution of Burundi under Article 36 provides the right to citizens to enjoy the right of their properties; however the Applicant has been denied this right. Also that the Applicant’s home is currently being occupied by the Military yet the owner has not received any rent, making this a forced occupation situation of his property, which violates principles of good governance and rule of law of the Community.
Counsel also submitted that the Treaty for the Establishment of the East African Community provides jurisdiction to the Court to interpret and apply the Treaty and therefore asked Court to find that the Respondent forcing the Applicant not to enjoy his rights is a breach of Articles 6 (d) and 7 (2) of the EAC Treaty and be ordered to return the properties of the Applicant as well as pay to Georges Ruhara a total sum of 930,581.00BIF
Mr. Nestror Kayobera Counsel for the Respondent (Attorney General of the Republic of Burundi) submitted that, as provided under Article 30 (2) of the Treaty that “The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;”. He urged that this case was filed out of time since it came to the knowledge of the Applicant in July 2003 and was filed to EACJ in May 2014, which exceeds a time limit of two months of the Treaty for any matter to be filed to Court.
Mr. Kayobera also added that the Court does not have jurisdiction to grant this amount requested by the Applicant as rental because there was no relationship between the Ministry of Defence and the Applicant. He told Court that there is no violation of the Treaty and asked the matter to be dismissed with costs.
The Court will deliver the judgement on notice
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