Wakilii

Mathias v Attorney General of the Republic of Burundi (Reference No.24 of 2019)

East African Court of Justice · [2024] EACJ 6 · 2024 Reference Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference to the East African Court of Justice alleging violation of the Treaty for the Establishment of the East African Community arising from a decision of Burundi's Special Court on Land and Other Assets
Decision
Reference dismissed with no orders as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The East African Court of Justice dismissed the reference, holding that the Special Court of Burundi did not violate Articles 6(d) and 7(2) of the Treaty when it joined preliminary questions with the merits under Article 5 of the Code of Civil Procedure. The Court found that the Applicants voluntarily withdrew from proceedings and that the Special Court operated within its specialized legal framework. The Court could not conclusively determine the legality of land acquisition due to insufficient evidence and denied all reliefs sought.

Outcome

Reference dismissed with no orders as to costs

Facts

The Heirs of Nikobamye Mathias claimed ownership of three parcels of land allegedly granted by King Mwambutsa IV of Burundi. A land dispute with the Heirs of Sinankwa Laurent dating from the 1960s was resolved by courts in 1971 in favour of Nikobamye. Despite the judgment, Sinankwa contested execution until 2017 when he sought presidential intervention. The National Commission on Land and Other Assets determined proportional ownership among the parties and the State. The Heirs of Nikobamye appealed to the Special Court on Land and Other Assets, which upheld the Commission's decision in RSTBA 0344. The Heirs withdrew from the Special Court proceedings when their request to present preliminary questions separately was denied. They then filed this reference alleging violations of the EAC Treaty.

Issues

  1. Whether the decision RSTBA 0344 taken by the Special Court violated the Treaty for Establishment of the East African Community, especially in Articles 6(d) and 7(2)
  2. Whether the land belonging to the Heirs of Nikobamye was acquired lawfully
  3. Whether the reliefs sought by the parties can be granted

Orders

  • Reference dismissed.
  • All reliefs sought by the Applicants denied.
  • Each party to bear their own costs.

Rules and key headnotes

Judicial Review — Specialized Courts — Procedural Rules — Joining Preliminary Objections with Merits
A specialized court operating under specific legislation may join preliminary questions with the merits of a case where the applicable Code of Civil Procedure grants such authority, and the determination of preliminary questions does not necessitate separate hearings but involves the judge's deliberation on these matters before addressing the merits.
Treaty Interpretation — Good Governance — Rule of Law — Violation of Domestic Law
Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community require Partner States to adhere to principles of good governance including the rule of law, accountability, transparency, and protection of human rights. A violation of a Partner State's domestic law may constitute a breach of the Treaty where it undermines these fundamental principles.
Customary Land Rights — Registration Requirements — Burden of Proof
While the 2011 Land Code of Burundi recognizes the legitimacy of land rights acquired and held under customary law, it requires that all asserted rights must be registered, and unregistered customary rights do not have protection of the law. The burden of proving legal ownership lies on the party asserting such ownership.
Voluntary Withdrawal from Proceedings — Consequences
Where a party voluntarily opts out of physical participation in court proceedings, the court may proceed to hear and determine the matter based on what the parties had placed on its record, and such party cannot later complain of procedural unfairness arising from their absence.

Legislation cited (25)

  • Treaty for the Establishment of the East African Community Article 3(3)(b)
  • Treaty for the Establishment of the East African Community Article 6(d)
  • Treaty for the Establishment of the East African Community Article 7(2)
  • Treaty for the Establishment of the East African Community Article 8(4)
  • Treaty for the Establishment of the East African Community Article 8(5)
  • Treaty for the Establishment of the East African Community Article 23
  • Treaty for the Establishment of the East African Community Article 27
  • Treaty for the Establishment of the East African Community Article 30(1)
  • Treaty for the Establishment of the East African Community Article 30(2)
  • Constitution of Burundi Article 102
  • Constitution of Burundi Article 38
  • Land Code of Burundi 2011 Article 313
  • Land Code of Burundi 2011 Article 380
  • Land Code of Burundi 2011 Article 381
  • Land Code of Burundi 1986 (repealed) Article 313
  • Land Code of Burundi 1986 (repealed) Article 329
  • Land Code of Burundi 1986 (repealed) Article 330
  • Land Code of Burundi 1986 (repealed) Article 334
  • Law No. 1/08 of March 2019 (Special Court on Land and Other Assets) Article 58
  • Law No. 1/08 of March 2019 (Special Court on Land and Other Assets) Article 102
  • Code of Civil Procedure of Burundi Article 5
  • Code of Civil Procedure of Burundi Article 34
  • Civil Code of Burundi Book II Article 36
  • Civil Code of Burundi Book II Article 37
  • African Charter on Human and Peoples' Rights

Cases cited (4)

  • Hon. Sitenda Sebalu v Secretary General of the East African Community and 3 Others (Reference No. 1 of 2010)
  • Plaxeda Rugumba v Secretary General of the East African Community and Attorney General of the Republic of Rwanda (Reference No. 8 of 2010)
  • Samuel Mukira Mohochi v Attorney General of the Republic of Uganda (Reference No. 5 of 2011)
  • Rugo Farm Company v Attorney General of the Republic of Burundi (Reference No. 14 of 2018)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Mathias v Attorney General of the Republic of Burundi (Reference No.24 of 2019) [2024] EACJ 6 (27 March 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.