Juba Airport City Park Limited v Attorney General of the Republic of South Sudan
Juba Airport City Park Limited v Attorney General of the Republic of South Sudan (Reference No.17 of 2020) [2024] EACJ 2 (26 March 2024) (First Instance Division)
The Court found that it lacked jurisdiction to entertain the Reference because the impugned acts occurred in 2011, before South Sudan became a member of the East African Community in 2016. The principle of non-retrospectivity of treaties precludes the application of the Treaty to acts predating membership. Furthermore, the Applicant was aware of the expropriation since 2011, as evidenced by its own pleadings and affidavit, and thus failed to file the Reference within the two-month limitation period prescribed by Article 30(2) of the Treaty. The Applicant's reliance on lack of knowledge was un…
Source excerpt
- Jurisdiction Of Regional Court
- Time Limitation
- Non Retrospectivity Of Treaty
- Expropriation Of Land
- Admission To Eac
- Procedural Compliance