REFERENCE NO. 26 OF 2021 DARI LIMITED v. EAST AFRICAN DEVELOPMENT BANK & 2 OTHERS

The Applicant alleges that he entered into a long-term loan facility agreement with the 1^st Respondent to facilitate the expansion of its business but the 1^st Respondent has declined to disburse a balance and made it impossible to make any progressive steps aimed at salvaging its business to enable it fulfill its financial obligation which conduct undermines the 1^st Respondents objective and is a breach of the fundamental principles of the Community under Article 6(d) of the Treaty. That Articles 44, 48 and 51 of the Bank Charter that grant the 1^st Respondent immunity and privileges are not in conformity with the Treaty and therefore the 2^nd and 3^rd Respondent have abdicated their responsibility under the Treaty to ensure the impugned provisions of the Bank Charter are aligned and comply with the Treaty.