argument that the compliance of Act No. 1/26 with the Treaty (or the
lack thereof) was a matter of Treaty interpretation, the jurisdiction of
which
lay squarely
with
thereof.
He
relied
Mjawasi&
748
Others
Kenya EACJ
this Court
upon
the
vs.
under
cases
Attorney
Articles
of
27(1)
Emmanuel
General
30(1)
Mwakisha
of the
Ref. No. 2 of 2010 and Samuel
and
Republic
of
Mukira Muhochi vs.
Attorney General of the Republic of Uganda EACJ
Ref. No. 5 of
2011 in support of his position. Mr. Ncutiyumuheto made no reference
whatsoever
to Act No. 1/31 in this context.
16. With
regard to the question
provisions
support
of
of
Rule
his
3(1)(d)
contention
of time limitation,
of this
that
where,
deadline for filing of any pleading
would
be
extended
to the
Court’s
as
he relied upon
Rules
of
in
present
the
Procedure
fell on a weekend,
next working
day
the
which,
in
case,
a
such
deadline
in the
present
case, was Monday 17" November 2014.
Respondent’s Submissions:
17. Conversely,
this
the
Court's
Respondent
jurisdiction
raised
is
two
restricted
(2) arguments.
to
the
First, that
interpretation
and
application of the Treaty, and does not extend to the interpretation of
Partner
appellate
States���
Constitutions,
jurisdiction
Constitutional Courts.
the
provisions
of
on
neither
constitutional
Article
27(1)
as well as the following
Republic
of Uganda
Reference No.1 5 of 2014
matters
of
the
Court
vested
decided
by
with
National
in
support
of
cases: Attorney
General
of the
vs. Omar Awadh
Attorney
Plaxeda_Rugumba
the
Learned Counsel for the Respondent relied on
argument;
No. 2 of 2012;
is
EACJ
General
Appeal
Treaty
& 6 Others
of the Republic
No.
1
of
EACJ
Appeal
of Rwanda
2012,
and
his
vs.
James
Page 6