The First Instance Division today heard a matter filed by a Burundi Citizen Mr. Masenge Venant (Applicant) against the Attorney General of the Republic of Burundi (Respondent) seeking declarations from the Court that the acquiring and using of land property of Kizina by the government of Burundi is an infringement of Article 6 (d) and 7 (2) of the Treaty for Establishment of the East African Community.
The Applicant also seeks Court to declare that the failure by the Ministry of Foreign Affairs Burundi to demolish the buildings and stop construction from the land was unlawful and a violation of the Treaty for the establishment of the East African Community.
Mr. Ncutiyumuheto Lawyer for the Applicant submitted that, the Court has jurisdiction to entertain the matter under Article 27 of the Treaty. He also said the Applicant has the full right to enjoy his property that has been acquired by the State and therefore asked Court to order the government to demolish the buildings in his property.
He further submitted that although there is a same case still pending in the National Court in Burundi (Administrative Court) to bring a matter to this Court (EACJ) does not require exhausting of local remedies according to Article 30 of the Treaty as a Natural person. He therefore asked Court to grant the declarations sought.
Mr. Elisha Mwansasu Senior State Attorney representing the Republic of Burundi submitted to Court that the declarations being sought by the Applicant are not true because the land property belongs to the government and it is using it to construct schools as well as a National Centre for Agriculture Research. He also argued that Mr. Masenge alleged land ownership is illegal.
The Court will deliver its judgment on notice .Earlier the Court heard an application by the Applicant seeking an injunction to restrain the Government of Burundi from constructing on the land pending the final judgment and the ruling will be delivered on 19th June, 2014.
