RULING
Introduction
1. The Notice of Motion dated 28th February 2014 is premised on the provisions of
Article 39 of the Treaty for the Establishment of the East African Community
(hereinafter “the Treaty”) and Rule 73 (1) and (2) of the East African Court of
Justice Rules of Procedure ( hereinafter “the Rules”)
It arises out of Reference
No. 2 of 2014 wherein the Applicants challenge inter – alia the creation of a National
Commission for Lands and other Assets (hereinafter “the Commission”) in the
Republic of Burundi vide Act No. 1/31 which came into effect on 31st December
2013. One of the complaints made with regard thereto, is that the said Act in effect
granted the Commission powers akin to those of the Judiciary which is a violation
and a breach of Articles 6(d) and 7 (2) of the Treaty.
2. In the Notice of Motion aforesaid the Applicants now seek the following ORDERS:
“1.Pending the hearing and determination of the Reference, this Honourable
Court be pleased to grant an interim Ex-Parte order to stay the enforcement of
the Act No. 1/31 of 31st December 2013 in the Republic of Burundi.
2.An Order that pending hearing and determination of the matter Inter-Partes,
this Honourable Court be pleased to grant an Interim Ex-Parte order that the
National Commission of Lands and other assets is no more competent to
entertain and determine the matters related to lands and other assets.
3.An Order that pending the hearing and determination of the matter InterPartes, this Honourable Court be pleased to grant an Interim Ex-Parte Order
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