Case Number | APPEAL NO. 3 OF 2013 |
Summary | This Appeal arose from Reference No. 6 of 2010 wherein the Appellant / Applicant sought inter alia interpretation of the Treaty and the Common Market Protocol with respect to cross border trade disputes between persons emanating from the Partner States. After a lengthy process, the Reference was heard on its merits and the First Instance Division found that: there was, no cause of action against the Attorney General of Uganda; that the Common Market Protocol could not apply retroactively to acts that took place before 1st July, 2010; that the Court lacked jurisdiction to determine those matters and thus addressing the other issue would be an academic exercise. Each party was to to bear its own costs. Being dissatisfied by the judgment, the Appellant lodged this appeal alleging several errors in law. In Cross-Appeal, the Respondents contended that the Trial Court erred in law by declining to award costs to the Respondents and in deciding that each party should bear its own costs. |
Respondent | THE STANDARD CHARTERED BANK OF UGANDA, THE ATTORNEY GENERAL OF UGANDA, THE REGISTRAR, HIGH COURT OF UGANDA |
Complainant | ALCON INTERNATIONAL LTD |
Date filed | |
Countries | Uganda |
Keyword | Doctrine of mootness , jurisdiction ratione materiae - jurisdiction ratione personae , Retroactive application |
Treaty Article | Article 104 , Article 27 , Article 30 , Article 54 , Article 55 , Article 76 , Protocol on the Establishment of the East African Community Common Market |
First Instance Judgment
Verdict | The Court ordered that the Reference is improperly before the Court as against the 1st, 2nd and 3rd Respondents and that it is not necessary to go into the other grounds raised by the parties or tackle the remaining objections, as the finding alone sufficiently and conclusively disposes of the Reference. The Reference was struck out with costs. |
PDF document | Download the decision as PDF |
Date delivered | August 23, 2011 |
Quorum |
Appeal Judgment
Verdict |
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PDF document | Download the decision as PDF |
Date delivered | July 27, 2015 |
Quorum |