terrorism and murder offences that his clients were facing if he did not give
false statement about the incrimination against the suspects, (why). It is
also evident from the complaint that he was arrested, interrogated and
detained by the Uganda’s Rapid Response Unit, (who).
It is our considered view that the Applicant can no longer rely on Rugumba
case (supra,) since he was released on 18th September, 2010. The Court
was not told what prevented the Applicant to file his Reference between 18th
September, 2010 and 18th December, 2010 that to say, two months as
prescribed by the Treaty.
We further find and hold that the Applicant cannot argue that he was not
furnished with full material to crystallize his cause of action. Indeed, it has
been established by this Court that an alleged infringement of the
provisions of the Treaty would give rise through interpretation of the Treaty
under Article 27(1) to a cause of action [See Mohochi case (supra) and
Independent Medical Legal Unit case (supra)].
A cause of action is defined by the Black’s Law Dictionary as “A group of
operative facts giving rise to one or more bases for suing; a factual
situation that entitles one person to obtain a remedy in Court from
another person.”
The Applicant has complained of the violation or infringement of the
aforesaid Articles of the Treaty by the 1st and 2nd Respondents. It is that
infringement which constitutes a cause of action. Therefore, since he was
enjoying his rights which were allegedly violated by the Respondents, the
requirements to support or sustain a cause of action were enough to enable
him to file a reference.
Coming back to time limitation as enshrined in Article 30(2) of the Treaty,
we need to say that the word “Limitation” is defined by the Black’s Law
REFERENCE NO.11 OF 2011
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