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
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