Zziwa v Secretary General of The East African Community (Application 1 of 2016)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court declined to rule on the preliminary objection to admissibility of annexures filed without EALA leave. The Court directed that the Respondent may raise objections to admissibility as part of submissions on the substantive application, and the Court will determine admissibility when determining the application in its entirety.

Outcome

Preliminary objection deferred for determination with the substantive application

Facts

The Applicant filed a Supplementary Affidavit with annexures on 9 March 2015 in support of an application arising from Reference No. 17 of 2014. At the hearing on 22-23 January 2015, the Respondent's counsel objected to any reference to certain annexures on the ground that they had been obtained without leave of the East African Legislative Assembly (EALA) and were therefore filed contrary to s.20 of the EALA (Powers and Privileges) Act 2003. The Applicant's counsel left the matter to the Court's discretion.

Issues

1. Whether annexures to the Applicant's Supplementary Affidavit obtained without leave of EALA should be excluded from the record under s.20 of the EALA (Powers and Privileges) Act 2003.

Orders

• The annexures remain on the record.
• The Respondent may make objections to admissibility of the annexures as part of submissions on the Application.
• The Court will determine admissibility when determining the Application in its entirety.
• The hearing of the Application shall continue.

Legislation cited (1)

• EALA (Powers and Privileges) Act 2003 s.20

The original judgment as reported. Read the original PDF before relying on any passage.