Shirima v A.G. of Burundi and Ors. (Application 11 of 2016)
Shirima v A.G. of Burundi and Ors. (Application 11 of 2016) [2017] EACJ 112 (6 July 2017) (First Instance Division)
The Court held that it has jurisdiction to determine allegations of Treaty violations under Articles 27 and 30(1) of the Treaty, even where the subject matter involves acts related to treaty-making, provided the applicant alleges breach of specific Treaty provisions. The application disclosed a cause of action against all Respondents, including those who had not signed the EPA, as there was a live issue regarding potential future signatures. However, the Applicant failed to establish irreparable injury or a prima facie case warranting an interlocutory injunction. The alleged harm was speculat…
Source excerpt
- Treaty Interpretation
- Regional Integration
- Interlocutory Injunctions
- Sovereignty Of States
- Cause Of Action
- Jurisdiction Of Regional Courts