|Case Number||APPEAL NO. 2 OF 2011|
The present case is an appeal by Alcon International Limited, a limited liability company incorporated in the Republic of Kenya, against the decision of the First Instance Division of the Court in Reference No. 6 of 2010. The Standard Chartered Bank of Uganda; the Attorney-General of the Republic of Uganda; and the Registrar of the High Court of Uganda are the 1st, 2nd and 3rd Respondents, respectively.
|Respondent||THE STANDARD CHARTERED BANK OF UGANDA, THE ATTORNEY GENERAL OF UGANDA ON BEHALF OF THE REPUBLIC OF UGANDA and REGISTRAR OF THE HIGH COURT OF UGANDA|
|Complainant||APPEAL NO. 2 OF 2011 ALCON INTERNATIONAL LIMITED|
First Instance Judgment
|Verdict||With respect, our answer to the first prayer is, yes. For the reasons explained in this judgment, the Ruling of the First Instance Division dated the 24.9.2011 cannot be allowed to stand. However, we decline the invitation to assume original jurisdiction and thereby to dispose of the preliminary objections raised by the Respondents. This is an Appellate Division of the Court operating under the mandate of Article 23 (2) and (3) and Article 35A of the Treaty. That mandate of the Appellate Division is to hear and determine appeals from judgments and any Orders from the First Instance Division of the Court. We are not aware of any provision in the Treaty that confers concurrent jurisdiction with the First Instance Division. The First Instance Division did not discuss nor did it make a finding of whether it had jurisdiction to entertain the Reference. This was a fundamental issue on which the court below had to decide as a threshold issue. In the result, we allow the appeal with costs. The Ruling and Order of the First Instance Division dated 24.9.2011 is accordingly set aside, and we do hereby re-instate Reference No. 6 of 2010. Furthermore we direct the First Instance Division to specifically determine the merits of the Reference before the Court.|
|PDF document||Download the decision as PDF|
|Date delivered||March 16, 2012|