that from now up to the final judgment the Ordinary jurisdictions of the
Republic of Burundi will be competent to entertain and determine all litigious
matters related to lands and other assets.
4.The costs of this Application be met by the Respondent.
5.This Honourable Court be pleased to order such further or other orders as it
deems fit and just in the circumstances.”
Case and Submission for the Applicants
3. The Applicants filed Affidavits in support sworn on February 2014 by one, Prof.
Charles Nditije, legal representative of UPRONA Party, as well as separate
Affidavits by Gabriel Sinarinzi and Onesime
Kabayabaya, the
2nd and 3rd
Applicants, respectively, sworn on the same date. A further Affidavit was also sworn
by Onesime Kabayabaya on 16th April 2014.
4. Mr. Vital Nshimirimana, learned Counsel for the Applicants, also made elaborate
submissions on their behalf and in a nutshell the case for the Applicants is as set out
herebelow.
5. Firstly, from the grounds on the face of the Notice of Motion under consideration and
from a casual reading of Reference No. 2 of 2014, the main issue in contention is
whether the creation of the Commission is an affront to the general principle of the
need for an independent and impartial judiciary in every democracy. The argument
made by the Applicants in that regard, is that the said principle was not upheld in the
establishment of the Commission. The reasons made for that argument are that its
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