East African Court of Justice Arusha, 15 April 2015: The Appellate Division restored an application which was struck out in September 2014 by the First Instance Division and remitted it back to the Lower Court for hearing and determination on the merits.
The Appellant (Attorney General of the Republic of Uganda) appealed against the decision of the First Instance Division striking out an interim application in the walk to work matter that sought orders from the Court to allow the AG Uganda to conduct a voir dire (cross examine the witness) in respect of the admissibility of the affidavit (supporting document) of one James Aggrey Mwamu and the electronic Digital Video Disk (DVD) evidence filed in March 2013.
The Appellate Division found that the First Instance Division erred in striking out Application No. 17 of 2014, without first hearing the merits of that Application. That it was evident that the First Instance Division decided not to entertain the Application and struck it out.
In addition the Appellate Division said that both the Applicant (Attorney General) and the Respondents (EALS and EAC Secretary General) were thus denied the opportunity to present their viewpoints on the merits of the Application before the Court struck it out.
The Appellate Division held that to make a finding of striking out an application for lack of “competence”, any Court of law needs to hear the merits of the case carefully, comprehensively and judiciously and then pronounce itself on the matter.
The Appellate Court further said that the First Instance Division simply declined to entertain the Application at all; and then, proceeded to strike it out and that this was an error, it was not just a procedural error but, a more grave procedural error. It is a cardinal principle of the Court’s jurisprudence that no litigant should be denied his or her day in Court. Any such denial goes against the grain of the Court’s much valued doctrines of natural justice.
The Court ordered each part to bear its own costs.
Present in Court was the Mr. Philip Mwaka representing the Attorney General of Uganda and the Counsel for the Respondent East African Law Society (EALS), Mr. Richard Onsongo was not in Court
About the EACJ
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.

Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The High Courts of the Partner States serve as sub-registries.
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