attorney general of rwanda v union trade centre ltd and others appeal 10 of 2020 2022 eacj 28 30 august 2022

attorney general of rwanda v union trade centre ltd and others appeal 10 of 2020 2022 eacj 28 30 august 2022

The Appellate Division found the Reference was filed within time, the Respondent company had locus standi, the Appellant's actions in taking over and auctioning the UTC Mall were illegal and contravened Articles 5(3)(g), 6(d), 7(1)(a) and (2), and 8(1)(a) and (c) of the Treaty, and enhanced the award to USD 1,000,000 plus interest and costs as full reparation for the internationally wrongful act.

Citation
attorney general of rwanda v union trade centre ltd and others appeal 10 of 2020 2022 eacj 28 30 august 2022
Parties
Appellant: Attorney General of Rwanda; Respondent/cross Appellant: Union Trade Centre Ltd (UTC); Intervener: Succession Makuza Desire; Intervener: Succession Nkurunziza Gerard; Intervener: Ngofero Tharcisse
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
30 August 2022
Procedural Posture
Appeal and Cross Appeal / Appellate Division Judgment
Outcome
Appeal dismissed, Cross Appeal partly allowed, Trial Court award enhanced and substituted.
Legal Topics
State Responsibility, Jurisdiction, Locus Standi, Treaty Interpretation, Corporate Governance, Remedies, Intervention, Time Limitation
Source Language
English
International Law Company Law Property Law Administrative Law State Responsibility Jurisdiction Locus Standi Treaty Interpretation +4 more

Case Brief

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Parties

Attorney General of Rwanda

Appellant

Union Trade Centre Ltd (UTC)

Respondent/cross Appellant

Succession Makuza Desire

Intervener

Succession Nkurunziza Gerard

Intervener

Ngofero Tharcisse

Intervener

Procedural Posture

Appeal and Cross Appeal / Appellate Division Judgment

Legal Issues

  1. 1 Whether the appeal was filed in accordance with the Rules of the Court
  2. 2 Whether the Reference was time-barred
  3. 3 Whether the Respondent had locus standi

Ratio Decidendi

The Appellate Division found the Reference was filed within time, the Respondent company had locus standi, the Appellant's actions in taking over and auctioning the UTC Mall were illegal and contravened Articles 5(3)(g), 6(d), 7(1)(a) and (2), and 8(1)(a) and (c) of the Treaty, and enhanced the award to USD 1,000,000 plus interest and costs as full reparation for the internationally wrongful act.

Court Disposition

Appeal dismissed, Cross Appeal partly allowed, Trial Court award enhanced and substituted.

Orders

  • Declaration that Appellant's actions were illegal and contravened Treaty provisions.
  • Award of USD 1,000,000 to Respondent as compensation.