Dictionary as “a statutory period after which a law suit or prosecution
cannot be brought in Court.”
The Dictionary of Words and Phrases Legally Defined further clarifies that
“For most actions, periods of limitation are prescribed by statute with
the consequence that an action begun after the period of limitation has
expired is not maintained.”
In addition, "A limitation period is a time limit, during which an action
may be brought, thereafter a potential plaintiff is barred and may no
longer bring his action. Statutes of limitation are in their nature strict
and inflexible enactment” (See Law Africa, Civil Procedure & Practice in
Uganda, M. Ssekaana & S. N. Ssekaana).
Recently, the Appellate Division of this Court found and held that:
“It is clear that the Treaty limits Reference over such matters like these
to two months after the action or decision was first taken or made, or
when the Claimant first became aware of it. In our view, the Treaty
does not grant this Court any express or implied jurisdiction to extend
the time set in the Article above. Equally so, the Court below could not
rule otherwise on the face of the explicit limitation in Article 9(4) to the
effect that the Court must act within the limits of its powers”- [See
Independent Medical Legal Unit case (supra)].
Moreover, the Court above found and held that “The principle of legal
certainty requires strict application of the time limit in Article 30(2) of the
Treaty. Furthermore,
nowhere does the Treaty provide any power to the
Court to extend, to condone, to waive or to modify the prescribed time limit for
any reason”- [See Omar Owadh case (supra)].
Consequently, the Court is bound by the Law (Treaty) and for the above
reasons we have to take cognizance of the fact of the limitation. Therefore,
REFERENCE NO.11 OF 2011
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