On 2nd October 2012, Mr. Tom Kyahurwenda (the Plaintiff), lodged Civil Suit No. 298 of 2012 in the High Court of the Republic of Uganda against the Attorney General of the Republic of Uganda (the Defendant), in which he averred that the actions of the Defendant in the set of facts presented before the High Court amounted to a breach of Articles 6, 7, 8 and 123 of the EAC Treaty for which he suffered pecuniary and non-pecuniary loss. The Plaintiff submitted that the Defendant was liable for the misconduct of its officers and sought: compensation for the breach and consequent injury, loss and damage; and; the institution of mechanisms to deter a repeat and recurrence of similar acts, commissions and omissions of and non-compliance of the EAC Treaty by State by agents, workers, officials and servants of the Government of Uganda.
The Defendant questioned the jurisdiction of national courts to adjudicate cases relating to Treaty interpretation and to award compensation contending that they were not justiciable. The matter was therefore referred to the Court for a preliminary ruling.