RULING OF THE COURT
1. The present Application, filed on 30th October 2013, arises
from Reference No.9 of 2012 which was filed on 10th August
2012 under Articles 3(3)(b), 6(d), 7(2), 8(4), 27(1) and 30(1) &
(2) of the Treaty for the Establishment of the East African
Community (hereinafter referred to as “ the Treaty”) and
where the Applicant seeks among other orders a declaration
that the occupation and exploitation of his land property by
the Respondent’s agents is unlawful and constitutes an
infringement of Articles 6(d) and 7(2) of the Treaty.
2. Before the hearing of the Reference, the Applicant, Venant
MASENGE, filed a Notice of Motion under Rules 1(2) and 2(2)
(3) & (4) of the EACJ Rules of Procedure seeking the following
orders:
“a) A temporary injunction restraining and prohibiting
the Respondent from using the property which is in
conflict or changing it in any way;
b) An order of an injunction nature to stop immediately
all the constructions undergoing on the land.
c) The Court to make such further or other orders as
may be necessary in the circumstances of the case;
d) The costs of this Application be provided for.”
3. The Applicant’s case, as it is apparent from the supporting
Affidavit sworn on 18th October 2013 by himself, and from the
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