Uganda Case Law

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

Zziwa v Secretary General of The East African Community (Application 1 of 2016) [2016] EACJ 122 (24 June 2016) (First Instance Division)

Court

East African Court of Justice

Case number

Application 1 of 2016

Judge

Lenaola JA

The Court held that witness summons under Rule 56 are only appropriate for compelling unwilling witnesses, not those who have voluntarily agreed to testify. The Applicant and her proposed witnesses do not require summons as they are willing to give evidence. More fundamentally, the Court cannot use its powers to circumvent or overturn the Assembly's decision denying leave for production of privileged documents under Section 20(1) of the EALA (Powers and Privileges) Act, 2003. The separation of powers principle entrenched in the Treaty prevents the Court from interfering with the Assembly's in…

Source excerpt

• Witness Summons
• Parliamentary Privilege
• Separation Of Powers
• Admissibility Of Evidence

Secretary General of The East African Community v Zziwa (Appeal 7 of 2015)

Secretary General of The East African Community v Zziwa (Appeal 7 of 2015) [2016] EACJ 35 (27 May 2016) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 7 of 2015

Judge

Ugirashebuja P

The Appellate Division held that the objection raised by the Appellant was not a true preliminary objection because it was not a pure point of law but rather concerned the admissibility of evidence, which could only be determined after hearing the witnesses and examining the nature of the evidence to be adduced. The Court emphasized that pleadings and listed documents are not evidence until properly introduced at trial, and the privilege under Section 20(1) of the EALA (Powers and Privileges) Act only attaches to specific types of evidence and requires factual determination. The Trial Court d…

Source excerpt

• Preliminary Objection
• Parliamentary Privilege
• Admissibility Of Evidence
• Costs Award

Zziwa v Secretary General of The East African Community

Zziwa v Secretary General of The East African Community (Reference 17 of 2014) [2015] EACJ 102 (6 November 2015) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 17 of 2014

Judge

Mugenyi JA

The Court overruled a preliminary objection, holding it was premature to stop the applicant’s evidence under section 20 of the EALA Privileges Act.

• Parliamentary Privilege
• Admissibility Of Evidence
• Separation Of Powers
• Treaty Interpretation
• Parliamentary-privilege
• Admissibility-of-evidence

In the Matter of Muhwezi Katunguka and 2 Others v Attorney General

In the Matter of Muhwezi Katunguka and 2 Others v Attorney General (Constitutional Cause 4 of 1998) [1998] UGCC 1 (15 May 1998)

Court

Constitutional Court of Uganda

Case number

Constitutional Cause 4 of 1998

Judge

Manyindo, DCJ, Kato, JCC, Twinomujuni, JCC

The Constitutional Court struck out two petitions because the annexed parliamentary documents were inadmissible and left the cases unsupported by evidence.

• Parliamentary Privilege
• Admissibility Of Evidence
• Right Of Access To Information
• Parliamentary-privilege
• Admissibility-of-evidence
• Constitutional-petitions