ALCON INTERNATIONAL LIMITED V STANDARD CHARTERED BANK OF UGANDA & 2 OTHERS (Civil Appeal 2 of 2011) [2012] RC 9 (KLR) (16 March 2012)
- Court
- RC
- Case number
- 9
- Citation
- [2012] RC 9 (KLR)
- Decided
- 16 March 2012
The Appellant's appeal is allowed. The Ruling of the First Instance Division dated the 24.9.2011 cannot be allowed to stand. The court declines to assume original jurisdiction and dispose of the preliminary objections raised by the Respondents.
Facts
The Appellant contracted the National Social Security Fund, Uganda (NSSF) to construct 'Workers House' in Kampala. NSSF terminated the agreement and initiated arbitration proceedings. The Appellant was awarded US $8,858,469.97 in the arbitration. The matter is now before the Supreme Court as Civil Appeal No. 15 of 2009.
Issues
- Procedure do not give the Appellate Division concurrent jurisdiction with the First Instance Division
- Whether the Reference was improperly before the Court as against the First Respondent
- Whether the Reference was time barred
- Whether the Claimant has no rights under the Protocol on the Establishment of the East African Community for acts that arose prior to the coming into force of the Protocol
Reasoning
The court declines to assume original jurisdiction and dispose of the preliminary objections raised by the Respondents. The court is not aware of any provision in the Treaty that confers concurrent jurisdiction with the First Instance Division.
Outcome
Appeal allowed
Orders
- The Ruling and Order of the 1st Instance Division of the Court dated the 24.9.2011 be set aside
Loading judgment…