a violation of Articles 5(3) and 34(6) of the Protocol; nor indeed, of
any of the enumerated provisions of the Charter, or of the Treaty.
34. On issue No.5 namely, of whether the Appellant was entitled
to the remedies sought, the 1st Respondent submitted that in
light of the various laws cited above and by the foregoing
submissions, the Appellant is not entitled to any of the prayers
sought; that
therefore, this Appeal be dismissed with costs to the
1st Respondent.
THE 2ND RESPONDENT’S SUBMISSIONS
35. As regards the 1st Issue, Counsel for the 2nd Respondent was
in agreement with the Findings of the First Instance Division. He
submitted that the instant Reference presented two legal
regimes namely, the EAC Treaty; as well as the Charter and the
Protocol.
Counsel
observed
that
both
regimes
create
institutional mechanisms through which redress can be sought
in case of infringement of the Treaty on one hand, or of the
Charter or the Protocol, on the other hand.
36. Counsel added that the institutions created under the two
legal regimes are not seized with parallel jurisdiction to handle
infringements arising out of other instruments which have their
own mechanisms to handle disputes referred to them.
37. Counsel submitted that the Appellant has not presented
any evidence before this Court to demonstrate that the East
African Court of Justice has concurrent jurisdiction with the
African Court and African Commission.
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