38. In the result, we are satisfied that the Respondent’s responsibility for the alleged misconduct of the Kigali City Abandoned Property Management Commission has been duly established before us. We do, therefore, find that the present Reference was properly instituted against the Respondent. Accordingly, this issue is resolved in the affirmative. Issue No. 2: Whether the Reference is time-barred and should be struck off the record. 39. The Applicant faults the Commission for wrongfully taking over the management of UTC mall. This is reflected in paragraph 8 of the Reference. It is, therefore, that act of assuming management for the said mall that, in its view, gives rise to the cause of action before this Court. The Applicant contends that it discovered the alleged ‘take-over’ on 2nd October 2013 when one of its tenants brought to its attention a letter from the Commission ordering the tenants to pay their rental obligations to it and not the Applicant company. The letter in question was annexed to the Reference as Annexure G. 40. On the other hand, it is the Respondent’s case that a decision for the Commission to take over the management of the shares of one Mr. Tribert Rujugiro in UTC was made in a meeting held on 29th July, 2013, therefore it was on that date that the present cause of action arose. The Minutes of the said meeting were not annexed either to the Reference or supporting affidavit, but were presented to this Court alongside the Respondent’s written submissions. REFERENCE No. 10 OF 2013 Page 20