THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA v. THE EAST AFRICAN LAW SOCIETY & ANOTHER
| Case Number | APPEAL NO. 5 OF 2014 |
| Summary | This is an Appeal from a Ruling of the First Instance Division striking out the Attorney General’s Application where he sought for orders that the Court conducts a voir dire in respect of the admissibility of an affidavit.
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| Respondent | THE EAST AFRICAN LAW SOCIETY, THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY |
| Complainant | THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA |
| Date filed | |
| Countries | East African Community , Uganda |
| Keyword | Admissibility of evidence , Affidavit , Electronic evidence |
| Treaty Article | |
First Instance Judgment
| Verdict | In view of our findings above, we make the following orders: (1) Since Prayer (a) was granted by the voir dire proceedings being conducted on 3rd March 2016 the same is now moot. (2) Prayer (b) cannot be granted at this stage as the issue of admissibility of the DVD evidence will be dealt with when the Court assesses the totality of all evidence to be presented in Reference No.2 of 2011 and its probative value in the determination of the said Reference. (3) Costs shall abide the outcome of the Reference aforesaid. It is so ordered. |
| PDF document | Download the decision as PDF
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| Date delivered | September 30, 2016 |
| Quorum | |
Appeal Judgment
| Verdict | In the result, this instant Appeal is granted. Accordingly, we make the following Orders:
1. The Order of the First Instance Division striking out Application No. 17 of 2014 is set aside.
2. Application No. 17 of 2014 is hereby restored.
3. The above Application is hereby remitted to the First Instance Division for hearing and determination on the merits; in accordance with the directions contained in the Judgment of this Appellate Division in Appeal NO.1 of 2013 - namely:
(a) That the additional electronic (DVD) evidence has been permitted to be adduced.
(b) That the Attorney General of Uganda is at liberty to challenge the relevance, accuracy, authenticity, credibility, and evidential value of that additional evidence as specified in inter alia, Paragraphs 58, 59 and 97 of our Judgment (in Appeal NO.1 of 2013).
4. Each Party shall bear its own costs of this Appeal |
| PDF document | Download the decision as PDF
|
| Date delivered | April 15, 2015 |
| Quorum | |
