the disputed land since he acquired title to, and occupied
the said land illegally.
21. We have reviewed the material submitted by both
parties, and especially the 2011 Burundi Land Act, the
Constitution of Burundi and the Registration Certificate of
a land property Vol. ECCXXV Portfolio 134 issued on 9 th
August 2009 by the Registrar of Land Titles. The latter
was registered in the name of Mr. Venant Masenge, the
Applicant. Therefore, at a prima facie level, the title may
serve as an indication that the Applicant may have an
interest in the property. In making this finding, we have
also taken note of the fact that the Respondent has taken
no action to revoke the Applicant’s title and to-date no
legal proceedings have been undertaken to show that he
unlawfully
acquired
the
said
title
and/or
that
he
unlawfully occupied the land.
22. In light of the foregoing, subject to more substantial
arguments at the hearing of the Reference, it is our
considered view that the Applicant’s claim on the disputed
land
raises
serious
triable
issues
that
warrant
interrogation within the meaning of Article 30 of the Treaty
as read together with Articles 6(d) and 7(2) thereof.
23. As for the Applicant’s prayer that the interlocutory
injunction order also ought to be granted on the ground
that the delay caused by proceedings in the ordinary way
10