Affidavit, in order to ensure the protection of his property
rights on the disputed land,
his request has fallen on deaf
ears. That rather, actions leading to dispossession of his land
property kept escalating despite his holding of a formal title of
property ownership duly issued by the Registrar of Land Titles
of the Republic of Burundi.
9. It is Counsel’s argument that the Court enjoys jurisdiction to
make any order that may be necessary for the ends of justice,
according to the provisions of Rule 1 (2) of the Court’s Rules
which stipulates that: ‘Nothing in these rules shall be
deemed to limit or otherwise affect the inherent power of
the Court to make such orders as may be necessary for the
ends of justice or to prevent abuse of the process of the
Court’”.
10. He further stated that the Application was made by Motion
on the ground that the delay caused by proceedings in the
ordinary way would or might entail irreparable injustice for the
Applicant. To buttress his argument, he relied on Rule 21(2) of
the Court’s Rules according to which, the Court, if satisfied
that the delay caused by proceedings would cause such
irreparable injustice, may hear the Motion and make any ex
parte order upon such terms as to costs or otherwise, and
subject to such undertaking, if any, as the Court deems just.
11. In opposition to the Motion, Counsel for the Respondent,
first of all, contended that there is a case (i.e. RAC6190), with
similar prayers as in the Motion before us pending in the
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