[2016] EACJ 114
The Court held that since the annexures in question were already on the record, the Respondent may raise objections to their admissibility as part of his submissions during the substantive hearing of the Application. The Court will determine the admissibility of the annexures when deciding the Application in its...
Source-derived case information.
- Citation
- [2016] EACJ 114
- Parties
- Applicant: Hon. Dr. Margaret Nantongo Zziwa; Respondent: Secretary General of the East African Community
- Court
- East African Court of Justice
- Jurisdiction
- Uganda
- Case Number
- Application 1 of 2016
- Procedural Posture
- Miscellaneous Application / Interlocutory Objection Ruling
- Outcome
- Objection deferred; hearing to proceed with annexures on record.
- Judges
- Lenaola JA
- Legal Topics
- Admissibility of Evidence, Affidavit Annexures, Legislative Privileges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Dr. Margaret Nantongo Zziwa
Applicant
Secretary General of the East African Community
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Objection Ruling
Legal Issues
- 1 Whether annexures to the Applicant's Supplementary Affidavit filed without leave of the East African Legislative Assembly are admissible in evidence.
- 2 Whether S.20 of the EALA (Powers and Privileges) Act 2003 prohibits the filing of such annexures without leave.
Ratio Decidendi
The Court held that since the annexures in question were already on the record, the Respondent may raise objections to their admissibility as part of his submissions during the substantive hearing of the Application. The Court will determine the admissibility of the annexures when deciding the Application in its entirety, rather than excluding them at the interlocutory stage. This approach ensures procedural fairness and allows both parties to fully address the issue within the context of the main Application.
Court Disposition
Objection deferred; hearing to proceed with annexures on record.
Orders
- The hearing of the Application shall continue with the annexures on record, subject to objections on admissibility to be determined during the substantive hearing.
Full Case Text
Judgment text and source record
22 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 2016
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