cannot be assumed by any Local Court in a Partner State and in
the instant case, the remedy sought can only be granted by this
Court and not any Local Court in Rwanda.
11. Fifthly, the Applicant also stated that the Reference was filed
within time because whereas Article 30(2) of the Treaty limits
the time for filing proceedings to two (2) months after the cause
of action has risen, in the instant case, the Subject was arrested
on or about 20th August 2010 and while the reference was filed
on 8th November 2010 the “detention whose legality is the
subject of this reference continued up to 28th January 2011
when the Subject was put in preventive detention by an Order
of Court as provided by the Laws of Rwanda.” That therefore,
by the time the Reference was filed, the cause of action was still
subsisting and Article 30(2) cannot apply to bar the present
proceedings.
12. For all the above reasons, the Applicant states that she is
entitled to the reliefs sought and the Court should exercise its
discretionary Jurisdiction under Article 27(1) of the Treaty and
grant the declarations as set out elsewhere above.
1ST RESPONDENT’S CASE
REFERENCE NO.8 OF 2010
Page 7