chester house ltd v ag of the republic of uganda and others application 18 of 2020 2020 eacj 1 16 december 2020

chester house ltd v ag of the republic of uganda and others application 18 of 2020 2020 eacj 1 16 december 2020

The Court lacks jurisdiction to extend the time prescribed by Article 30(2) of the Treaty for filing a Reference, and a single-judge bench cannot determine whether the Reference falls within the permissible time under the Treaty. The application for extension of time is therefore dismissed.

Citation
chester house ltd v ag of the republic of uganda and others application 18 of 2020 2020 eacj 1 16 december 2020
Parties
Applicant: Chester House Limited; First Respondent: The Attorney General of the Republic of Uganda; Second Respondent: The Secretary General of the East African Community; Third Respondent: Lake Victoria Basin Commission; Interested Party: The Attorney General of the Republic of Kenya
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
16 December 2020
Procedural Posture
Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs to the Respondents.
Legal Topics
Extension of Time, Jurisdiction, Limitation Period, Treaty Interpretation
Source Language
English
Regional Integration Law Civil Procedure Extension of Time Jurisdiction Limitation Period Treaty Interpretation

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Parties

Chester House Limited

Applicant

The Attorney General of the Republic of Uganda

First Respondent

The Secretary General of the East African Community

Second Respondent

Lake Victoria Basin Commission

Third Respondent

The Attorney General of the Republic of Kenya

Interested Party

Procedural Posture

Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the Court has jurisdiction to extend time prescribed by the Treaty for filing a Reference
  2. 2 Whether the draft Reference can be deemed filed within time under Article 30(2) of the Treaty

Ratio Decidendi

The Court lacks jurisdiction to extend the time prescribed by Article 30(2) of the Treaty for filing a Reference, and a single-judge bench cannot determine whether the Reference falls within the permissible time under the Treaty. The application for extension of time is therefore dismissed.

Court Disposition

Application dismissed with costs to the Respondents.

Orders

  • Application for extension of time is dismissed.
  • Draft Reference is not admitted or deemed filed.