have not been proven to have contravened Rwanda’s internal
laws neither does this Court have jurisdiction to determine that
issue. Therefore, we are unable to draw a conclusion that due
process has been violated or the principles enshrined in Articles
6(d) and 7(2) have been breached. Secondly, although Law No.
28 of 2004 under which the acts complained of were undertaken
may be deemed to be a ‘measure’ for purposes of Article 8(1)(c)
and would therefore be open to scrutiny by this Court, that law
was never in issue in the present Reference. At the risk of
repeating ourselves, only the Commission’s actions as
implemented thereunder were in issue herein.
58.
In the result, we find that the Applicant has not established a
Treaty violation attributable to the Respondent. We so hold.
Issue No. 4:
Whether the parties are entitled to the remedies sought.
59. The Applicant sought the following prayers and orders against the
Respondent :
a. A declaration that the actions of the Respondent in taking over the
Applicant’s property contravened Articles 5(3)(g), 6(d), 7(1)(a) and
(2), and 8(1)(a), (b) and (c) of the Treaty ;
b. An Order that the Respondent be restrained from further interference
with the business and management of the Applicant’s property ;
c. An Order that the Respondent pays general damages to the Applicant
and costs of and incidental to this Reference be met by the
Respondent.
d. That this Court be pleased to make such further or other Orders as
may be just and necessary in the circumstances.
60.
Having found that the Applicant has not established a violation of
the Treaty that is attributable to the Respondent, we decline to
grant the Declaration sought in paragraph (a) above.
Accordingly, the Applicant is not entitled to the restraining Order
sought under paragraph (b) or to general damages as claimed
REFERENCE No. 10 OF 2013
Page 29