DETERMINATION OF THE ISSUES
Issue No.1 – Whether the Court has jurisdiction to entertain the
Reference
Submissions
23. The question as to whether the Court has jurisdiction to
entertain
this
Reference
was
raised
by
Counsel
for
the
Respondent. He submitted that, in view of the provisions of Article
27(1) and (2) of the Treaty, some of the prayers and orders sought
by the Applicant fall outside the jurisdiction of this Court. In this
regard, Counsel asserted that prayer (a) seeking a declaration that
the refusal of the Respondent to pay damages to the Applicant is
an infringement of Articles 6(d) and 7(2) of the Treaty and prayer
(d) about costs can be entertained by the Court and granted, if
proved by the Applicant. In support of his submission, learned
Counsel referred the Court to the following decided cases: EACJ
Appeal No.1 of 2012: The Attorney General of the Republic of
Rwanda Vs Plaxeda Rugumba (Plaxeda Rugumba case) and
EACJ REF. No.1 of 2007: James Katabazi & 21 Others Vs The
Secretary General of the East African Community & The
Attorney General of the Republic of Uganda (James Katabazi
case). He, however, submitted that prayer (b) seeking “a
declaration that the Applicant has full right to enjoy his
vested interests without any prior conditions” and prayer (c)
seeking an “order that the Applicant be immediately paid the
amount of BIF 1,660,498,000.00 by the Respondent” fall
outside the jurisdiction of the Court as provided by Articles 27(2)
and 30(3) of the Treaty, since the matter is pending before the
REFERENCE No. 2 OF 2013
Page 7
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