East African Court of Justice, 11th February 2022: The Appellate Division resumes Sessions this week and heard Court hears Appeal No. 10 of 2020 Attorney General of Rwanda vs Union Trade Center Limited (UTC).
The Appellant (AG Rwanda) is challenging a decision of the Trial Court allowing and granting orders sought in Reference No. 10 of 2013 Union Trade Center Ltd vs AG of Rwanda and 3 others faulting the Government of Rwanda for taking over the mall as abandoned property.
At the hearing, the AG represented by Counsel Nicholas Ntarugera submitted that, the First Instance Division erred in law to rule that the Reference was filed on time. He contended that the cause of action arose on 29th July 2013 not on 2nd October 2013. Counsel also argued that the UTC legal representation in the matter was illegal. That there was no resolution on the appointment of the Advocates appearing in this matter as provided under Rule 19 (5).
Further that the Advocates (Francis Gimara and Hannington Amol) who are representing the UTC were not appointed by the Company rather they were appointed by Mr Tribert Rujugiro Ayabatwa who is a majority shareholder in the company. Counsel Nicholas submitted that this is procedural irregularities and asked Court to overturn the decision of the First Instance Division.
Principal State Attorney Mr Ntwali Emile also representing AG of Rwanda submitted that the Government has an obligation to manage the abandoned property especially for the citizens who are not in the Country and that when Rujugiro returns back he will receive his property.
The Interveners represented by Ms Molly Rwigamba contented that at the Trial Court they were denied an opportunity to support the AG Rwanda through their Statement that was rejected which she said it was a violation of Article 40 of the Treaty which allows the Interveners to provide evidence supporting in a case.
The Respondent represented by Counsel Francis Gimara and Hannington Amol counter argued that the Trial Court did not err in their judgment to order that the Reference was file on time because the cause of action arose when UTC learned that the mall was taken over by the letter of 2nd October, 2013.
Regarding his representation of UTC in court, Mr. Gimara stated that his representation of UTC is not illegal under Rule 19 (5) because this rule is about the appearance, and him as practicing law, he has the right to appear to court.
As to the locus standi of UTC, he argued that UTC has the lucus standi since it is company duly incorporated in a partner state as shown on the registration certificate of UTC. Also contended that the liquidation issue was not argued in the Trial Court.
Counsel Hannington Amol presented the UTC's grounds of cross-appeal at length. With figures and precedents, he argued that the trial court erred in law in not ordering the return of the rental proceeds and the mall to UTC, and did not award a fair and equitable compensation to UTC. The Lawyers for the Respondent asked Court to uphold the decision of the First Instance Division dismiss the Appeal with costs to the Respondent and allow the Cross appeal.
The Court will deliver the Judgment on notice.
The three weeks session will go on up to 28th February and only thirteen (13) matters will be handled and these include; 7 Hearings, 3 Scheduling conferences, 2 Arbitration rulings and 1 Judgment to be delivered.
The matters will be brought before Honourable Justices of the Appellate Division: Nestor Kayobera (President), Geoffrey Kiryabwire (Vice President), Lady Justice,Sauda Mjasiri, Anita Mugeni and Justice Kathurima M’Inoti.
Rule 19 (5) provides that;A corporation or a company may appear by its director, manager or Company Secretary, who is appointed by a resolution under the seal of the corporation or the company or may be represented by an advocate.
For more information please contact:
Yufnalis Okubo Registrar East African Court of Justice Arusha, Tanzania Tel: 255-27-2162149 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
About the East African Court of Justice
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
East African Community Headquarters, Arusha, Tanzania, 9thFebruary, 2022: The Democratic Republic of Congo (DRC) has inched closer to becoming a member of the East African Community (EAC) following a recommendation by the EAC Council of Ministers to the Summit of EAC Heads of State for the Central African country to be admitted into the bloc.
The Council’s recommendation to the Summit follows negotiations held between a team of experts from the EAC and the DRC from 15th to 24th January, 2022 in Nairobi, Kenya.
East African Community Headquarters, Arusha, Tanzania, 9th February, 2022: The East African Community (EAC) Secretary General, Hon. (Dr.) Peter Mathuki, has hailed the European Union (EU) for lifting financial sanctions that it imposed on the Republic of Burundi almost six years ago.
Dr. Mathuki said that the move by the EU would not only spur development in Burundi but also rejuvenate the integration process in East Africa.
East African Community Headquarters, Arusha, Tanzania 8th February, 2022: A four-day East African Community Sectoral Council on Energy is currently underway via hybrid format.
The overall objective of the Sectoral Council on Energy is to review the progress made in the sector in implementing Council decisions and to consider other issues of regional importance in the areas of New and Renewable Energy, Energy Conservation and Efficiency, Fossil Fuels and Power Sub-sectors.
The Sectoral Council started today with the Session of Senior Officials which runs from 8th to 9th February, 2022 followed by the Coordination Committee (Session of Permanent/Principal/Under Secretaries) on 10th February, 2022, and the Ministerial Session on 11th February, 2022.
Among the items on the agenda are consideration of reports on: the Status of implementation of the previous directives/decisions of the Sectoral Council; Centre of Excellence for the East African Centre for Renewable Energy and Energy efficiency (EACREEE); New and Renewable Energy, Energy Conservation and Energy Efficiency, and; Establishment of the East African Centre for Renewable Energy and Energy Efficiency
In addition, the Sectoral Council will discuss the new date of the 10th East African Petroleum Conference and Exhibition 2021; Study on analysis of petroleum policies, legal and regulatory frameworks in the region and Power Supply Situation and the Status of Implementation of the East African Power Master Plan.
Addressing the opening session of Partner States’ Senior Officials, the EAC Deputy Secretary General in charge of the Productive and Social Sectors, Hon. Christophe Bazivamo, said that the energy sector was critical in facilitating the economic activities and contributing to the growth of the EAC integration.
“We look to you for guidance in steering this sector to play this important role and to align it with the aspirations of the Community for increased access and availability of sufficient and reliable energy services that are competitive,” said Hon. Bazivamo.
For more information, please contact:
Simon Peter Owaka Senior Public Relations Officer Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 768 552087 Email: sowaka [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of six Partner States, comprising Burundi, Kenya, Rwanda, South Sudan, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
East African Community Headquarters, Arusha, Tanzania, 7th February, 2022: Experts from EAC Partner States’ National Medicines Regulatory Authorities have convened in Entebbe, Uganda to conduct a joint scientific review to assess the safety, efficacy and quality of 20 medical products.
The five-day joint assessment aims at streamlining medicines evaluation and registration procedures in an effort to enhance access to good quality, safe and efficacious medicines in the region.
East African Community Headquarters, Arusha, Tanzania, 3rd February, 2022: The regional meeting on the establishment of the EAC Regional Consultative Process on Migration (RCP) organized by the EAC Secretariat in collaboration with International Organization for Migration (IOM) is scheduled to take place from 14th – 16th February 2022, in Kigali, Rwanda.
The overall objective of the meeting is to share experiences on migration governance in the regional and international perspective.
The meeting will be conducted through a session of Senior Officials on 14th February, 2022, session of the Coordination Committee (Permanent /Principal/Under Secretaries) on 15th February, 2022 while the Ministerial Session will be held on 16th February, 2022.
East African Community Headquarters, Arusha, Tanzania, 3rd February, 2022: The EAC Integrated Health Programme (EIHP) has successfully institutionalised accountability mechanisms for health programmes, and facilitated availability of updated and credible information for health projects in the region, as well as developed key strategic and policy documents to guide integration and cooperation in health.
Speaking during the 5th Joint Steering Committee Meeting for the EIHP, EAC Deputy Secretary General in charge of Productive and Social Sectors, Hon. Christophe Bazivamo, noted that the EAC had successfully developed the EAC Comprehensive Regional Integrated Sexual, Reproductive, Maternal, New Born Health, HIV and TB Programme 2022-2027. “This document offers a regional framework that paves way for continued cooperation on the Sexual and Reproductive Health and Rights (SRHR) and HIV agenda within the Integrated Health Programme”, said Hon. Bazivamo.
East African Community Headquarters, Arusha, Tanzania, 2nd January, 2022: The 1st series of East African Community Capacity Building Sessions for Plant Health Inspectors on Standard Operating Procedures (SOPs) to operationalize Pest Risk Analysis in the region concluded at Mutukula One Stop Border Post (OSBP) located on the Uganda/Tanzania border.
The five capacity building workshops conducted at the OSBPs of Namanga (Kenya/Tanzania), Malaba (Kenya/Uganda), Kabanga-Kobero (Tanzania/Burundi), Rusumo (Tanzania/Rwanda) and Mutukula (Tanzania/Uganda) were aimed at creating awareness amongst plant health inspectors on the Standard Operating Procedures (SOPs) for inspecting maize, beans and rice for pests of phytosanitary importance in the EAC.
Inter-University Council of East Africa, Mombasa, Kenya, 2nd February, 2022: Student enrolment in Technical and Vocational Education and Training (TVET) colleges supported by the World Bank-funded East African Skills for Transformation Project (EASTRIP) has increased more than fourfold, according to the mid-term evaluation report of the project.
The report undertaken to review the project performance at its mid-term, revealed that the total student enrolment in 16 Regional Flagship TVET Institutes (RFTIs) increased from 6,971 students at baseline to 30,776 students at mid-term, higher than the overall project target to enrol 20,000 students annually in both long-term and short-term training programmes.
East African Community Headquarters, Arusha, Tanzania, 1st February, 2022: The European Union (EU) has reiterated its willingness to support East African Community (EAC) Partner States to curb cross-border security threats in the region.
The Head of the EU Delegation to Tanzania and the EAC, Amb. Manfredo Fanti, disclosed that the EU was implementing various regional peace and security initiatives in the EAC and the Horn of Africa.
Amb. Fanti was speaking during the opening session of the 1st Project Steering Committee of the EAC “Joint Response to Regional and Cross-Border Security Threats” Project in Dar es Salaam, Tanzania.
