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East African Court of Justice - 2024 February

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1 judgment
February 2024
Attorney General of Republic of Burundi v Ngaruko (Appeal No.12 of 2022) [2024] EACJ 1 (27 February 2024) (Appellate Division)
State cancellation of a land title without forensic proof breaches Article 6(d); trial court awarded excessive relief (ultra petita).
  • Property law — Presumption of authenticity of title deeds — Allegation of fraudulent title requires special action/forensic inquiry under domestic law; Treaty (Art. 6(d), 7(2)) — state cancellation without proof breaches rule of law; Appellate jurisdiction (Arts. 35/35A) — limits of appeal; Ultra petita — remedy remitted to trial court.
27 February 2024