34. From the aforegoing, we are of the firm view that since there is before us a person who can sue and another who can be sued and that, once all alleged acts are placed before us for interrogation as has happened in this Reference, then a cause of action has arisen. 35. With regard to Article 30(3) of the Treaty in relation to the mandate of the Inspectorate of Government of Uganda, we hasten to say that this Court is not going to interfere in any way with the report of the IGG because it lies outside the province of our jurisdiction. 36. However, the mere inclusion of some aspects of the IGG’s report in the Reference cannot prevent the Court from exercising its jurisdiction where the Applicant alleges that the actions of the Respondent have violated Treaty provisions. 37. In view of the foregoing, we find and hold that the Reference is properly before this Court. ISSUE NO.2: Whether this Honourable Court can find against an entity that is not a Party to this Reference and specifically Quality Chemical Industries Limited: 38. Prior to the Amended Statement of Reference being filed, QCIL was one of the five Interested Parties. Upon the amendment of the Reference, QCIL ceased to appear as such and now the question is whether the Court can make decisions which are to affect a party which did not participate in the proceedings. In his rejoinder dated 12th January, 2015, the Applicant on this issue submitted that: There is no Reference against QCIL and consequently, the Court cannot find against a non-Party; Reference No. 5 of 2013 Page 15

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