accordance with Article 16 of the Treaty in as much as they are
binding on the Respondent.
Counsel for the Claimant further contended that all staff of the
Secretariat are appointed on contract and in accordance with the
Staff Rules and Regulations and the Terms and Conditions of
Service of the Community pursuant to Article 70(2) of the Treaty.
Counsel for the Claimant averred that after a number of
processes
which
included
a
vacancy
that
occurred
after
resignation of one Mr. Ponziano Nyeko, the Claimant was
appointed by the Council during its Meeting of 13th September,
2008 to the position of Project Accountant under Grade P2.
Furthermore, Counsel for the Claimant added that the aforesaid
appointment falls under category of Professional Staff as laid
down in Regulation 18 of the Staff Rules and Regulations.
Counsel then referred the Court to the Claimant’s Letter of
Appointment as a Project Accountant under RISP funding, dated
29th September 2008 to demonstrate that it did not reflect the
Council’s decision. In this regard, Learned Counsel pointed out
that as per the Council Meeting Report dated 13th September
2008, the Claimant was not recruited under RISP.
In support of his written submissions, Counsel for the Claimant
referred the Court to some authorities to wit: Cheshire and
Fifoot’s Law of Contract, 9th Edition by M.P Furmston
published by London Butterworth 1976 No.7 where the
learned author laid down that:
CLAIM NO.1 OF 2012
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