The South Sudanese government has failed to file a defense in a joint lawsuit brought by a group of Juba hotels that accommodated guests of the National Transitional Committee (NTC), according to a lawyer.
The government was served with a summons from the East African Court of Justice (EACJ) on Dec. 31, 2024.
The respondent in the case is South Sudan’s attorney general, sued in his official capacity as the principal legal advisor under Article 135 (2), (3) and (5b) of the country’s transitional constitution.
At least 33 hotels in Juba have filed the suit at the EACJ in Arusha, Tanzania, against the NTC, chaired by Senior Presidential Advisor Gen. Kuol Manyang Juuk, over unpaid accommodation and food bills totaling more than $61 million.
After the signing of the 2018 revitalized peace agreement, army generals and officials from the involved parties were housed in hotels and apartments by the National Pre-Transitional Committee, which oversaw the process leading to the transitional government’s formation. By early 2021, many hotels began evicting officials, with some cutting off electricity and water due to unpaid bills.
In March 2023, South Sudan Hotel evicted the guests of the NTC — the body tasked with implementing the peace deal — over $6 million in unpaid rent.
Senior Counsel Wani Santino Jada of Pan African Law Chambers LLP in Juba, the lead lawyer for the hotels, told Radio Tamazuj on Friday that under Rule 28 of the EACJ’s 2019 procedural rules, defendants must file a response within 45 days of being served. Failure to do so means the case can proceed without their input.
“The deadline for the Ministry of Justice to file a defense for the NTC was Feb. 13, 2025, by 5 p.m. East African Time,” Wani said.
He added: “If the government could not file a defense within 45 days, they should have submitted an application explaining why. Their failure to do so suggests either legal team incompetence or an implicit admission of the claims.”
Wani said his team has requested the court to proceed with the case and issue a default judgment in favor of the 33 hotels.
The NTC could not immediately be reached for comment.
The hotels involved in the lawsuit include Aron International Hotel, Yam Hotel, Quality Hotel, Transit Hotel, Star Hotel, Virgin Hotel, New East International Hotel, Hal Mouna Classic Hotel, Nile Beach Hotel, Karent Hotel, Oasis Camp Hotel, Dembesh Hotel, Amarat Classic Hotel, Pyramid Hotel, Palm Africa Hotel, Referenda Hotel, Juba Landmark Hotel, and MACDOWELL Apartments.
The others are Palm Africa Hotel, World Focus International Hotel, Grand Hotel Juba, Royal Palace Hotel, Crown Hotel, Hamza Hotel, Radas Hotel, Red Ocean Hotel, California Hotel, James Hotel, Royal Hotel, Grand Hotel Juba, Star Hotel and Catering Association of South Sudan.
The hotels argue they are limited liability companies incorporated under South Sudanese law, operational within the East African Community (EAC), and qualify as natural persons under Article 30 of the Treaty for the Establishment of the EAC.