Applicant’s property rights. It was his contention that in so far as
the EAC Treaty recognizes the human rights enshrined in the two
Conventions, the Respondent’s contravention thereof entailed an
infringement of the provisions of the Treaty.
49.
Conversely, it was the Respondent’s submission that the
Commission did not take over UTC as a company but only
assumed the management of the shares therein held by Mr.
Tribert Rujugiro. It was learned Respondent Counsel’s submission
that the assumption of the management of the shares was
undertaken in accordance with Rwanda’s Law No. 28 of 2004
and therefore was not a violation of the principles of the Treaty.
Learned Counsel countered the Applicant’s allegation of
arbitrariness in the manner in which the Respondent’s actions
accrued, with the assertion that the Commission’s action was
undertaken with the knowledge of the Applicant as
demonstrated by the Minutes of a meeting held on 29th July 2013.
Finally, Counsel drew a distinction between the facts of James
Katabazi & 21 Others vs. The Attorney General of the Republic of
Uganda (supra) and the present case to the extent that no court
order had been violated by the Respondent herein.
50. Court’s determination:
We have carefully considered the pleadings, evidence and
supporting documentation of both parties. The crux of the matter
herein is whether the Commission’s acts contravene Articles 5(3)(g),
6(d), 7(1)(a) and (2), and 8(1) of the Treaty. For ease of reference
the cited Articles are reproduced below.
Article 5(3)(g)
For purposes set out in paragraph 1 of this Article and as
subsequently provided in particular provisions of this Treaty, the
Community shall ensure:
REFERENCE No. 10 OF 2013
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