ULS Withdraws Border Closure Case Against Rwanda

ULS Simon Peter Kinobe says that they withdrew the case because the government did not provide them up with evidence to support their case.
11 Nov 2019 17:11
Uganda and Rwanda Lawyers having a lighter moment in Arusha after the hearing of the case
The Uganda Law Society-ULS has withdrawn its application challenging Rwanda Government's decision to close its Chanika and Gatuna Borders.

The application was withdrawn on Monday by ULS lawyers led by Simon Peter Lukuya, before the panel of three Judges of the East African Court of Justice in Arusha

The Judges are Principal Judge Monica Mugenyi, Justice Faustin Ntezilyayo the Deputy Principal Judge and Justice Charles Nyachae. 

Lukuya tendered a document before the court indicating that ULS has lost interest in the matter. 

 ULS filed its application on April, 26th, 2019 before the Ugandan Registry of the East African Court of Justice. They sought a declaration that the acts of Rwandan government in arbitrary closing various one-stop Border Posts that Rwanda shares with Uganda contravened and infringed a number of Provisions in the East African Community Treaty, the Common Market Protocol and the Customs Union Protocol.

"There has however been a change of circumstances and our client would like to withdraw the said reference in line with rule 51 of the EACJ rules of procedure. We apologise on behalf of our client for any inconveniences caused and kindly seek for your indulgence", reads the withdraw letter in part. 

ULS President Simon Peter Kinobe says that they withdrew the case because the government did not provide them up with evidence to support their case.

 "The suit was unsustainable in the absence of evidence, information and cooperation from the ministry of foreign affairs who are seeking a diplomatic solution to the impasse", said Kinobe.

This is the second case challenging the Rwanda government's actions to close its Chanika and Gatuna Borders with Uganda which has been before the East African Court of Justice in Arusha today.

The other case was filed by Ugandan Lawyer Steven Kalali in April.

Kalali in his application argued that the actions of Rwanda to close its border in February this year infringed on rights and freedoms of its people and those in the neighbouring countries

 Through his lawyers Joseph Mutyaba and Richard Wananda, he also said that the actions of Rwanda have since caused financial loss to the a number of traders which is a violation of the East African Community Treaty where Rwanda is a signatory.

The court has directed Kalali to file his submissions by January, 23rd, 2020 and Rwanda to file their response by February 24th, 2020.

The Judgement will then be delivered on notice.