In Re An Exparte Application for leave to apply for Judicial Review & In Re Afro-Motors Ltd & Anor v Minister of Finance, Planning & Economic Planning & Anor (Miscellaneous Cause No.203 of 2006) (Misc
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court allowed the respondents' application to re-open the hearing of a judicial review application after a supplementary affidavit raising pertinent issues was filed on the date scheduled for delivery of the ruling. The applicants were granted leave to file a reply and to cross-examine the deponents of affidavits filed on behalf of the respondents.
Outcome
Hearing re-opened with directions for filing of reply and cross-examination of deponents
Facts
The applicants sought an order of mandamus requiring the respondents to pay monies claimed from government. A ruling on the substantive application was scheduled for delivery on 6 July 2007. On that date, counsel for the respondents filed a supplementary affidavit of the Attorney General and applied to re-open the hearing so that the court could consider the evidence in the supplementary affidavit. Counsel for the applicants left the decision to the court's discretion but requested that if the hearing was re-opened, the applicants be allowed to cross-examine the deponents of the respondents' affidavits.
Issues
- Whether the hearing of the judicial review application should be re-opened to allow the court to consider evidence in the respondents' supplementary affidavit.
Orders
- Application to re-open hearing allowed.
- Applicants granted leave to file a reply to the supplementary affidavit within 7 days.
- Deponents of affidavits for the respondents (Hon. Attorney General Dr. E. Khiddu Makubuya and Mr. C. M. Kassami) ordered to attend court on 10.10.07 or thereafter for cross-examination.
- Costs of the application reserved to be costs in the cause.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.