Uganda Case Law

Attorney General of Burundi v Secretary General East African Community (Appeal 2 of 2019)

Attorney General of Burundi v Secretary General East African Community (Appeal 2 of 2019) [2020] EACJ 6 (4 June 2020) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 2 of 2019

Judge

Kiryabwire JA, Mjasiri JA, Nkurunziza VP, Ringera JA, Ugirashebuja P

The Appellate Division held that the Trial Court did not commit any error of law or procedural irregularity in striking out affidavits sworn by counsel for the applicant, as such affidavits were inadmissible due to hearsay and improper deponent status. Rule 47 does not apply to evidence, and the Court has inherent power to expunge inadmissible evidence. The Trial Court was not required to invoke its inherent powers to order production of evidence, as the burden of proof rests with the parties under the adversarial system. The Appellant failed to prove the alleged absence of Burundi and Tanzan…

Source excerpt

• Quorum Requirements
• Election Of Speaker
• Burden Of Proof
• Admissibility Of Evidence
• Costs Award
• Judicial Discretion