122 Kabumba/Application of African Union (human rights) law in Uganda required that 9 members be elected.225 As such, to issue an order stopping some candidates for taking part in the election would be ‘against the spirit’ of section 4(1), (2) and (3) of the EALA Act.226 In these circumstances, the Judge declined to issue the order sought.227 Table 3: Frequency of citation of EAC law by Ugandan courts Institution, case law or instrument Number of cases in which cited EAC Treaty 3 EACJ jurisprudence 10 EALA 2 Total references 15 4.3 Other Regional Economic Communities in Africa We were unable to find any references, in Ugandan case law, to the laws of ECOWAS, AMU, CEN-SAD, ECCAS and IGAD. There were, however, some references to COMESA law and, curiously, to that of SADC, which are discussed below. 4.3.1 Common Market for Eastern and Southern Africa There is a respectable body of Ugandan case law that has referred to COMESA law, whether by reference to the institution as such, the Treaty, or the jurisprudence of the COMESA Court. The earliest instance in this regard appears to be the 2009 Supreme Court case of Concorp International Ltd v East and Southern African Trade and Development Bank.228 In this case, a dispute arose regarding the restructuring of certain loans advanced by the respondent to the appellant. The respondent’s counsel raised a preliminary objection, asserting the respondent’s immunity from civil process. One of the issues before the Supreme Court was, therefore, as to whether in the absence of a waiver by the President of the respondent bank under the provisions of the COMESA Treaty, Ugandan courts had jurisdiction to entertain the matter. Having regard to the terms of the Treaty, as well as the facts of the instant case, the Court found that a waiver by the respondent’s President was not required to clothe Ugandan courts with jurisdiction to try the case and therefore, dismissed the preliminary objection. 225 226 227 228 At 4. As above. As above. Supreme Court Civil Appeal 11 of 2009.