The Appellate Division on Monday resumed its Session, in this setting, the Court handled 2 matters that is Scheduling Conference for Appeal No. 12 of 2022 The Attorney General of the Republic of Burundi versus Francis Ngaruko.
The Appeal arises from Reference No. 9 of 2019 Francis Ngaruko vs The Attorney General of Burundi over a land dispute. The Court First Instance Division (Trial Court) on 30th September 2022 allowed the Reference (Case), declaring and ordering that, the Government’s decision through a special Court to cancel the Applicant’s land Title and declare his property one without a master contravened Article 6 (d) of the EAC Treaty.
The Court also ordered the Government of Burundi (Respondent) to restore the property to the Applicant (Francis Ngaruko) and pay him adequate compensation for the property based on the current market value and pay him costs for the Reference.
The AG of Burundi being aggrieved by the said decision has preferred an Appeal which came up for a Scheduling Conference on Monday.
The Court also heard Application No. 14 of 2022 Rugofarm Company versus The Attorney General of Burundi, arising from Appeal No. 7 of 2022. The Application is asking the Court to strike out the said Appeal, alleging that the notice of Appeal was not filed on time and not served on the Applicant.
This Appeal arises from Reference No. 14 of 2018 versus the Government of Burundi, challenging the decision of the Special Court of Land and Other Assets of the Republic of Burundi.
The EACJ First Instance Division on 7th April 2022, ruled in favor of the Applicant (Rugo Farm) and declared that the Reference was not time-barred; that the contract of sale of land by RUZIZI to the Applicant was legal; that failure of the Special Court of Lands and Other Assets to adhere to the provisions of the Constitution of the Republic of Burundi in the impugned decision is a violation of Articles 6 (d) & 7 (2) of the EAC Treaty; the Court ordered the Government of Burundi to pay Costs of the Reference.
The Attorney General of Burundi being aggrieved by is this decision of the Trial Court preferred Appeal No. 7 of 2022 The AG of Burundi vs Rugo Farm.
The Court will deliver the Ruling in the Application on notice.
