A.G. of Uganda v Media Legal Defence Initiative and Ors. (Appeal 3 of 2016)
A.G. of Uganda v Media Legal Defence Initiative and Ors. (Appeal 3 of 2016) [2017] EACJ 64 (26 May 2017) (Appellate Division)
The Appellate Division found that the Trial Court erred in law and procedure by failing to determine the preliminary objection regarding the competence of the affidavit supporting the application. The law requires that a preliminary objection, once raised, must be disposed of before the merits of the case are considered. The Trial Court's omission constituted an incurable procedural irregularity, vitiating its ruling. As both parties were heard on the objection, the proper course is to remit the matter to the Trial Court for a fresh ruling on the preliminary objection before any consideration…
Source excerpt
- Preliminary Objection
- Affidavit Validity
- Procedural Irregularity
- Amici Curiae
- Competence Of Application