Zziwa v Secretary General of The East African Community (Application 1 of 2016) [2016] EACJ 114 (18 March 2016) (First Instance Division)


## **IN THE EAST AFRICAN COURT OF JUSTICE ATARUSHA FIRST INSTANCE DIVISION**


(Coram: Isaac Lenaola, DPJ; Faustin Ntezilyayo,J; Fakihi A. Jundu,J)

## **APPLICATION N0.1 OF 2016**

(Arising from Reference No.17 of 2014)

## **HON. DR. MARGARET NANTONGO ZZIWA** .......... **APPLICANT**

**VERSUS**

THE **SECRETARY GENERAL OF** THE **EAST AFRICAN COMMUNITY ... .. .................... RESPONDENT**

18TH **MARCH 2016**

Application No.1 of2016 Page 1

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## **RULING OF THE COURT**

- 1. Mr. Stephen Agaba, Counsel for the Respondent, at the hearing of the Application dated 22nd January, 2015 and filed on 23rd January, 2015 raised an objection to any reference by the Applicant to certain annexures to the Applicant's Supplementary Affidavit sworn on 9 th March, 2015 and filed on the same day. - 2. It is his simple submission that these annexures, having been obtained without leave of the East African Legislative Assembly (EALA) have been filed contrary to S.20 of the EALA (Powers and Privileges) Act 2003. - 3. Mr. Tumwebaze for the Applicant left the matter to the Court's discretion. - 4. Our view is that since the annexures are already on the record, let the Respondent make any objections to the admissibility of the said annexures as part of his submissions on the Application before us and we shall determine the same as we determine the Application in its entirety. - 5. In the event, the hearing of the Application shall continue along those lines. - 6. Orders accordingly.

APPLICATION NO. 1 OF 2016 Page 2

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Dated, Delivered and Signed at Arusha this 18th Day of March 2016.

ISAAC LENAOLA DEPUTY PRINCIPAL JUDGE

F STIN NTEZILYAYO JUDGE

FAKIHI A. JUNDU JUDGE

APPLICATION NO. 1 OF 2016

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