THE RESPONDENT’S SUBMISSIONS
19. In his Response to the Amended Reference, the Respondent on his
part contended that he would raise a preliminary objection to the
extent that the matters complained of by the Applicant are not issues
for interpretation by this Court. Instead, that the facts complained of
are questions to do with interpretation of a contract between two
Parties which is a preserve of the National Courts.
20. Through his written Submissions filed on 23rd December, 2014, the
Respondent submitted that the Reference does not contain any
question for interpretation, or infringement of Treaty provisions and
went as far to argue that the Applicant is challenging the powers of
the IGG and the Attorney General of Uganda provided for under
Articles 119 and 225 of the Constitution of Uganda which is outside
the jurisdiction of this Court.
21. It was the Respondent’s further submission that the Applicant has
attempted to use the Court as an Appellate Court to overrule the
decisions of the Inspectorate of Government and the Attorney
General’s legal opinion which is an abuse of process of Court as
provided under Rule 47(c) of the Rules. The Respondent further
argued that the facts challenged by the Applicant did not demonstrate
a prima facie case of any breach of the Treaty by the Republic of
Uganda or any cause of action under the Treaty.
22. In conclusion, the Respondent cited the Cases of Modern Holdings
limited vs. Kenya Ports Authority, EACJ Reference No.1 of 2008
and James Katabazi & 21 Others vs. The Secretary General of
the EAC and The Attorney General of the Republic of Uganda
Reference No. 5 of 2013
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