JUDGMENT OF THE COURT
Introduction
1.
This Reference was brought under Articles 5(3), 6(d), 7(1) and
(2), 8(1), 27 and 30 of the Treaty for the Establishment of the East
African Community (hereinafter referred to as ‘the Treaty), as
well as Rules 1(2) and 24 of the East African Court of Justice
Rules of Procedure, 2013 (hereinafter referred to as ‘the Rules).
2.
The Union Trade Centre Limited (UTC), which is hereinafter
referred to as ‘the Applicant’, seeks to hold the Government of
the Republic of Rwanda responsible for acts of the Kigali City
Abandoned Property Management Commission (hereinafter
referred to as ‘the Commission’), an entity that is set up under
the internal laws of the Republic of Rwanda. The Government
of Rwanda was represented herein by the office of the Attorney
General of the Republic of Rwanda (hereinafter referred to as
‘the Respondent’).
3.
At the hearing of this Reference the Applicant was represented
by Mr. Francis Gimara while Mr. Aimable Malala appeared for
the Respondent.
Applicant’s case
4.
On 20th May 1997, the Applicant was incorporated as a
company limited by shares under the Rwanda Companies Act
to run and manage the Union Trade Centre (UTC) mall in Kigali,
Rwanda. On 1st August 2013, the Commission ordered the
Applicant to avail it with specific information in respect of the
company (UTC), which the latter did on 2nd August 2013. On 2nd
October 2013, the Commission informed tenants in the UTC mall
that effective 1st October 2013 they were required to redirect
their rental payments to the Commission’s Committee in charge
REFERENCE No. 10 OF 2013
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