On Tuesday while making submissions before the Judges, the Senior State Attorney representing Rwanda Nicholas Ntarugera asked the court for more time to file additional affidavits having failed to meet the deadline that had been given to them.
A panel of three Judges from the East African Court of Justice has dismissed an application by the government of Rwanda seeking to file additional affidavits in the case against the border closure.
The Justices are Monica Mugenyi, Charles Nyawello and Charles Nyachae.
Rwanda was in April 2019 dragged to court by a Ugandan Lawyer Steven Kalali for closing its Border Points in Gatuna and Chanika.
Rwanda closed its borders on February 27, 2019, blocking heavy trucks from Uganda to allegedly expedite construction works at the Rwandan side of the Gatuna border. Truck drivers were advised to use the Kagitumba border, via Mirama Hills.
However, Kalali argued in his application that Rwanda’s actions of closing the said borders contravened the East African Community Treaty and the Common Market Protocol which allows free movement of people, goods and services across the area.
But last year, the parties were directed to file their written submissions by November 26th, 2019 before they return to court for the hearing.
On Tuesday while making submissions before the Judges, the Senior State Attorney representing Rwanda Nicholas Ntarugera asked the court for more time to file additional affidavits having failed to meet the deadline that had been given to them.
Ntarugera argued that in the interest of justice no party is going to be prejudiced if his application is allowed.
However, Kalali’s lawyers led by Richard Wananda rejected to Rwanda’s application.
Wananda argued that the grant of the application in issue would cause more hardships and prejudice to the case.
Waninda also submitted that Rwanda’s application had been filed in the names of a Ugandan applicant Steven Kalali yet it was supposed to be their case.
However, while reading the ruling on Tuesday afternoon, the Judges led by Nyachae noted that for one to be granted time to file additional affidavits they must present sufficient grounds to that effect.
The three Judges also ruled that the application that was meant to benefit Rwanda has been filed in the name of the Ugandan applicant which is wrong, amounts to an abuse of court process and it was thus inexcusable.
Court also said that Rwanda had been given sufficient time adding that Ntarugera who the person is arguing this case made another illegality of swearing an affidavit to the matter which he is the one arguing.
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The Court has adjourned the case to another date which will be communicated for further mention.
Story by Kukunda Judith
