action of suspending the law without hearing all parties on the merits. There is also the
question of jurisdiction raised by both Respondents and to swing the sword of justice
one way at the interlocutory stage would be unjust and this Court declines the invitation
to do so.
30. Regarding prayer ( c) of the Application, we understood the Applicants to be saying
that in fact some land disputes are being handled by both the National Courts of
Burundi and the National Commission on Land and Other Assets. But prayer (c) is
specific; that pending the judgment in Reference No. 2 of 2014, “all litigious matters
related to lands and other assets” should be entertained and be determined by the
ordinary courts of Burundi.
Upon considering the prayer above, we find tremendous difficulty in granting it at this
stage. We say so, with respect, because the Commission is still a statutory institution
under the laws of Burundi, despite displeasure expressed by the Applicants. One of the
prayers in Reference No. 2 of 2014, is that Act No. 1/31 should be annulled and that
therefore means that all land disputes would thereafter be handled by National Courts in
Burundi. Suppose we grant prayer (c) now and in the Reference we decline to annul
Act No. 1/31. What would be the effect of our decision? Obviously, the Court, as the
1st Respondent has argued, would have perpetuated a chaotic procedural and legal
situation, a position we refuse to put ourselves in.
As we have stated above, the
Commission is functioning and has been for some years. It is best therefore that the
situation as obtaining today should continue to obtain and the Court will render itself
fully and finally on both Act No. 1/31 and its processes including the work of the
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