I.
THE PARTIES
1. The Applicant,
Fidele lVulindahabi (hereinafter referred to as "the Applicant") is a
citizen of the Republic of Rwanda.
2.
The Application is filed against the Republic of Rwanda (hereinafter referred to as
"the Respondent") which became a Party to the African Charter on Human and
Peoples'Rights (hereinafter referred to as "the Charter") on 22July 1983 and to
the Protocol establishing the Court on 6 June 2003, and made the declaration on
22 June 2013 accepting the jurisdiction of the Court to receive cases from
ind ivid
II.
uals and non-governmental organ izations.
SUBJECT OF THE APPLICATION
3. The Applicant alleges that on 18 I\Iay 2008, the
tt/inibus Taxi Drivers Union
(ATRACO) impounded the Toyota Hiace Vehicle with registration No. RAA 79BJ
belonging to a certain lsaac Twumvibarura for non-payment of contributions; the
yellow card of the vehicle was also seized for overload.
4.
He further alleges that he recommended to [t/r. Twumvibarura to refer the matter
to the local courts, which he did by bringing the case before the Nyarugenge
Regional Court on 4 August 2008.
5.
The Applicant affirms that he handed over
to
"Kigali Safari" Transport Agency,
of which [t/r. Twumvibarura was the manager, his vehicle with registration No.
RAB 7624 to be used for lucrative purposes; that he did not receive any
proceeds in exchange for the use of the vehicle handed to
IVIr. Twumvibarura
who ended up selling the said vehicle in Burundi. He added that all attempts visd-vis the police with a view to resolving the issue proved unsuccessful.
6.
He submits that, as a result, he and his family, became victims of intrigues and
fraud without protection from the State of Rwanda, blaming the latter for failure to
exercise due diligence and for the absence of appropriate measures to protect
his right to property.
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