Attorney General of the Republic of Uganda & another v Omar Awadh & 6 Others [2013] RC 7 (KLR)
- Court
- RC
- Case number
- 7
- Citation
- [2013] RC 7 (KLR)
- Decided
- 15 April 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Ruling of the First Instance Division at ArushaCoramPhilip K. Tunoi, Emily R. Kayitesi, James Ogoola
Holding
The application is time-barred for not complying with the provisions of Article 30(2) of the Treaty
Facts
The applicants were arrested and forcibly removed from Kenya through abduction between 22nd July and 17th September 2010, and handed over to Uganda where they are illegally detained.
Issues
- whether the application was time-barred
- whether the time limit for lodging the reference under Article 30(2) of the Treaty was applicable to continuous detention
Reasoning
The Court finds the Respondents' argument that when the act complained of is a continuous detention, the starting date for computation of its limitation time is the day when it ceases is erroneous. The starting date of an act complained of under Article 30(2) is the day it is first effected.
Outcome
The appeal is allowed, and the application is struck out for being filed outside the time limit prescribed under Article 30(2) of the EAC Treaty
Orders
- The Application arising from Reference No. 4 of 2011 lodged in the First Instance Division on 15th June 2011, is hereby struck out for having been filed outside the time limit prescribed under Article 30(2) of the EAC Treaty
Authorities cited
Legislation (2)
- East African Community Treaty
- Article 30(2) of the EAC Treaty
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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