grounds in support of the Motion, as well as submissions by
his Counsel is as follows:
4. The Applicant, a natural person and a resident of Burundi,
filed a Reference on 10th August 2012 contending that he is
the owner of a land property measuring 24 hectares in the
Commune of Gihanga, in Bubanza Province and is the holder
of a legal title to that property. He avers that following
encroachment onto his land by Mr. Anthere NZOHABONAYO,
a local troublemaker and Mr. Bonaventure NTIRANDEKURA,
the
Mayor
of
Gihanga
Commune,
together
with
their
supporters, he referred the matter to the Minister of Home
Affairs on 12th March 2012 seeking for his authority to take all
the necessary orders to restore completely and peacefully his
possession of land. He further states that the legal notice to
which the Minister was to respond to expired in 3 months, that
is on 12th June 2012 and that, despite the Applicant’s letter to
the said Minister, the latter has failed to take any action to
protect his property rights over the land, thus violating the
fundamental principles under Article 6(d) of the Treaty. The
Applicant also faults the Respondent for continuing to exploit,
dispose of the property and undertake new constructions on it
while ignoring the fact that a Reference regarding the dispute
is pending before this Court. He points out that the situation is
worsening since the Governor of BUBANZA Province is
parcelling out and selling the litigious property; that a Muslim
Mosque is already erected on it; that an Association called
AGAKURA is digging out ponds for fish farming; that a football
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