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Tanzania decisions
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The EACJ Appellate Division held that Mironko Francois Xavier’s Reference was time-barred under Article 30(2) of the Treaty and dismissed the appeal.
The application for review was dismissed because the Applicant failed to demonstrate discovery of new and decisive evidence not previously available with due diligence, and no error apparent on the face of the record was established. The Applicant's arguments were found to be attempts to re-litigate the merits, which is not permissible under the review jurisdiction.
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The Reference is moot as the DRC has already been admitted as a Partner State. The Court lacks jurisdiction over alleged violations committed by DRC before it became a Partner State. No cause of action is disclosed against the Respondents. Reliefs sought are not tenable.
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The Applicant, as the estate of Nzambimana Edouard, had locus standi and lawfully acquired the suit property from Ruzizi Company with government approval. The Respondent's repossession of the land without compensation contravened Burundi's Constitution and the Treaty for the Establishment of the East African Community, specifically Articles 6(d) and 7(2), which enshrine good governance and rule of law. The Special Court's decision was invalid as it disregarded the Applicant's rights and failed to provide compensation.
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The Court lacks jurisdiction to conduct an appellate merit review of the Supreme Court of Kenya's decisions but retains jurisdiction to address allegations of contravention of Articles 6 and 7 of the Treaty. The preliminary objection is upheld in part and dismissed in part. Reliefs requiring merit review are denied; reliefs relating to Treaty compliance are allowed to proceed.
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The Reference was filed one day after the two-month limitation period prescribed by Article 30(2) of the Treaty, as calculated under Section 63 of the Laws of the Community (Interpretation) Act, 2004. This delay strips the Court of jurisdiction ratione temporis to hear and determine the Reference on its merits. The Court has no power to extend the time limited by the Treaty.
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The Court found that the impugned Act passed the three-part test: the limitations were prescribed by law and clear, the objectives were pressing and substantial, and the measures were proportionate to the objectives. The Applicants failed to prove that the Act violated the Treaty or Protocol. Therefore, the challenged provisions do not contravene the cited Treaty or Protocol articles.
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The EACJ dismissed a land and Treaty reference by the heirs of Nikobamye Mathias, finding no proven Treaty violation or lawful basis to grant the claimed reliefs.
The limitation period for filing a Reference under Article 30(2) of the Treaty commenced with the signing of the Memorandum of Understanding in July 2021, which constituted the relevant action. The Reference, filed on 10th June 2022, was therefore time-barred. The Court lacks jurisdiction ratione temporis to entertain the Reference and Application.
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The EACJ Appellate Division partly allowed Burundi’s appeal, upheld jurisdiction, found the title cancellation unlawful, but held the trial court went beyond the claim and remitted the matter.
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