zziwa v secretary general of the east african community application 1 of 2016 2016 eacj 114 18 march 2016
Since the annexures are already on record, objections to their admissibility will be considered as part of the submissions on the Application and determined with the Application as a whole.
Source-derived case information.
- Citation
- zziwa v secretary general of the east african community application 1 of 2016 2016 eacj 114 18 march 2016
- Parties
- Applicant: Hon. Dr. Margaret Nantongo Zziwa; Respondent: The Secretary General of the East African Community
- Court
- EACJ
- Jurisdiction
- Tanzania
- Judgment Date
- 18 March 2016
- Procedural Posture
- Application / Interlocutory Objection During Hearing
- Outcome
- Application hearing to proceed; admissibility of annexures to be determined with the main Application.
- Legal Topics
- Admissibility of Evidence, Privileges of Legislative Bodies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Dr. Margaret Nantongo Zziwa
Applicant
The Secretary General of the East African Community
Respondent
Procedural Posture
Application / Interlocutory Objection During Hearing
Legal Issues
- 1 Whether annexures obtained without leave of EALA can be admitted as evidence contrary to S.20 of the EALA (Powers and Privileges) Act 2003
Ratio Decidendi
Since the annexures are already on record, objections to their admissibility will be considered as part of the submissions on the Application and determined with the Application as a whole.
Court Disposition
Application hearing to proceed; admissibility of annexures to be determined with the main Application.
Orders
- Hearing of the Application shall continue; objections to annexures' admissibility to be addressed in final determination.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE EAST AFRICAN COURT OF JUSTICE ATARUSHA FIRST INSTANCE DIVISION (Coram: Isaac Lenaola, DPJ; Faustin Ntezilyayo, J; Fakihi A. Jundu, J) APPLICATION N0.1 OF 2016 (Arising from Reference No.17 of 2014) HON. DR. MARGARET NANTONGO ZZIWA .......... APPLICANT VERSUS THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY ... .. .................... RESPONDENT 18TH MARCH 2016 Application No.1 of2016 Page 1 ~ ( - RULING OF THE COURT 1. Mr. Stephen Agaba, Counsel for the Respondent, at the hearing of the Application dated 22nd January, 2015 and filed on 23rd January, 2015 raised an objection to any reference by the Applicant to certain annexures to the Applicant's Supplementary Affidavit sworn on 9 th March, 2015 and filed on the same day. 2. It is his simple submission that these annexures , having been obtained without leave of the East African Legislative Assembly (EALA) have been filed contrary to S.20 of the EALA (Powers and Privileges) Act 2003. 3. Mr. Tumwebaze for the Applicant left the matter to the Court's discretion. 4. Our view is that since the annexures are already on the record, let the Respondent make any objections to the admissibility of the said annexures as part of his submissions on the Application before us and we shall determine the same as we determine the Application in its entirety. 5. In the event, the hearing of the Application shall continue along those lines. 6. Orders accordingly. APPLICATION NO. 1 OF 2016 Page 2 µ...u}(. ( Dated, Delivered and Signed at Arusha this 18th Day of March 2016. ISAAC LENAOLA DEPUTY PRINCIPAL JUDGE F STIN NTEZILYAYO JUDGE FAKIHI A. JUNDU JUDGE APPLICATION NO. 1 OF 20 16 Page 3