No.001322 vs. the Attorney General of India on 10th December,
2012 that:“…….. the duty of the Attorney General is to render advice to
the Government of India on legal matters. Viewed thus, he
cannot be said to be an authority as he does not perform any
functions which alter the relations or rights of others. The
advice rendered by him may be accepted by the Government
of India or it may not be accepted. His advice per se does not
have a binding effect” [emphasis added]
87. We fully associate ourselves with the above authority as well as the
findings in the case of Jim Muhwezi & 3 ORS vs. Attorney General
and Anor, Constitutional Petition No.10 of 2008. [supra]
88. Consequently and in view of all the foregoing, we hold and find Issue
No.3 in the negative.
ISSUE
NO.4:
Whether
there
was
any
Loss
of
USD17,826,038.94 by the Government of Uganda and
Quality Chemical Limited:
89. The paramount question herein is whether this is an issue to be
determined by this Court.
THE APPLICANT’S SUBMISSIONS
90. To begin with, Counsel for the Applicant submitted that there is
unfortunately no provision under the Treaty that clothes the Court with
jurisdiction
to ascertain whether there was such a loss or not.
Consequently, he submitted that the Court should dismiss Issue No.4
for lack of jurisdiction.
Reference No. 5 of 2013
Page 32