GT Enterprise Trading Ltd v Attorney General of the Republic of Burundi
GT Enterprise Trading Ltd v Attorney General of the Republic of Burundi (Reference No.3 of 2018) [2021] EACJ 9 (8 October 2021) (First Instance Division)
The Court held that while Article 30 of the Treaty does not require exhaustion of local remedies before approaching the EACJ, it imposes a strict two-month limitation period for bringing a Reference from the date the complainant becomes aware of the impugned act. The Applicant became aware of the penalty imposed by the Office of the Tea of Burundi on 5 June 2013 but filed the Reference on 24 January 2018, well outside the prescribed period. The Court found no enabling provision in the Treaty to disregard or extend this time limit, nor any recognition of a continuing breach exception. As such,…
Source excerpt
- Public Procurement Penalties
- Contractual Time Bar
- Exhaustion Of Local Remedies
- Jurisdiction Of Regional Court