media legal defence initiative mdli and others v sembuusi and another application 4 of 2015 2017 eacj 96 20 september 2017

media legal defence initiative mdli and others v sembuusi and another application 4 of 2015 2017 eacj 96 20 september 2017

The preliminary objection on affidavit competency is overruled as the defective paragraphs are expunged and the remaining affidavit suffices. The applicants have demonstrated sufficient interest, expertise, and neutrality to be admitted as amici curiae under the applicable rules and precedents.

Citation
media legal defence initiative mdli and others v sembuusi and another application 4 of 2015 2017 eacj 96 20 september 2017
Parties
Applicants: Media Legal Defence Initiative (MLDI) & 19 Others; 1st Respondent: Ronald Ssembuusi (Deceased); 2nd Respondent: Attorney General of the Republic of Uganda
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
20 September 2017
Procedural Posture
Application (arising From Reference) / Ruling on Preliminary Objection and Merits of Application for Leave to Appear as Amici Curiae
Outcome
Application allowed
Legal Topics
Amicus Curiae, Freedom of Expression, Criminal Defamation, Affidavit Competency, Court Procedure
Source Language
English
Constitutional Law Human Rights Law Civil Procedure Amicus Curiae Freedom of Expression Criminal Defamation Affidavit Competency Court Procedure

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Parties

Media Legal Defence Initiative (MLDI) & 19 Others

Applicants

Ronald Ssembuusi (Deceased)

1st Respondent

Attorney General of the Republic of Uganda

2nd Respondent

Procedural Posture

Application (arising From Reference) / Ruling on Preliminary Objection and Merits of Application for Leave to Appear as Amici Curiae

Legal Issues

  1. 1 Whether the affidavit in support of the application is defective for hearsay and lack of disclosure of sources of information
  2. 2 Whether the applicants meet the criteria for admission as amici curiae

Ratio Decidendi

The preliminary objection on affidavit competency is overruled as the defective paragraphs are expunged and the remaining affidavit suffices. The applicants have demonstrated sufficient interest, expertise, and neutrality to be admitted as amici curiae under the applicable rules and precedents.

Court Disposition

Application allowed

Orders

  • Applicants granted leave to join Reference No.16 of 2014 as amici curiae
  • Applicants granted leave to submit a joint Amicus Brief in writing within time directed by the Court