Reference. There is no express provision in the Rules similar to that found
for example in the Civil Procedure Rules of Kenya, Uganda and Tanzania
that red, blue and green colours be used in showing the effected
amendments against the original pleading. The Amended Reference in any
event indicates the amended portions of the original Reference and we are
satisfied that it meets all the requirements of an amended pleading. That
limb of the objection is therefore similarly misguided and is overruled.
On whether the Reference is time-barred
48.Turning to the question whether the Refence as amended is timebarred, from the submissions made ,the following facts clearly emerge;
From the Applicant’s own pleadings and from the supporting Affidavit of
one Onesime Kabayabaya ,the Applicant was arrested on
28th July 2011
while the Reference was lodged on 14th October 2011 and amended on
31st August 2012 .
49.It is Mr. Kaahwa’s argument that in view of the limitation period set out
by Article 30(2) of the Treaty the Reference was filed out of time and is
therefore time – barred. The said Article states that:
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