Eryau v. The Environmental Action Network Ltd. (TEAN)
The Environmental Action Network (TEAN) brought an action against the Attorney General of Uganda and the National Environmental Management Authority to create and enforce a ban on smoking in public places. In this decision, the court ruled on whether a smoker may join that case. The smoker, a former tobacco industry employee, was concerned about the request for enforcement of criminal penalties for smoking in public places. In this ruling TEAN requested to cross examine the smoker because his application was submitted by affidavit. The court rules that it would serve the interests of justice to have the applicant examined in court and orders him to appear at a later date for the purpose of cross examination.
Eryau v. The Environmental Action Network Civil Application No. 470 of 2001
The tobacco industry may attack an individual or organization in court. For example, a tobacco company may sue a tobacco control advocacy organization for defamation. Another example is a suit in which a tobacco company sought burdensome document production from a University under a freedom of information claim.
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"Whereas I agree Bawa (D.D) Ltd. -vs- Singh (G.S.) Didar decided that an application to amend may be made orally, thing had nothing to do with an application to call a deponent to be cross-examined on his/her affidavit. But I do not agree with Mr. Byenkya that there would be any miscarriage of justice if Court ordered his client to appear in Court and be examined on his affidavit by the mere fact that the order was given on an oral application. I do not agree that the application is an ambush at all and that a formal application is necessary to build up a case for the necessity of cross-examining a deponent who is alleged to have sworn an affidavit and has not appeared in Court to be identified. I do not agree either that Rule 3 of S. I. No. 26 of 1992 and Rule 2 of Order 17 of the Civil Procedure Rules are mutually exclusive.
On the contrary, they are made complementary by Rule 7 of the Statutory Instrument. I would, in the circumstances order, as applied for, that Mr. Joseph Eryau appears in Court for cross-examination on his affidavit. His Counsel, if they required a notice, this is sufficient."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The Environmental Action Network (TEAN) brought an action against the Attorney General of Uganda and the National Environmental Management Authority to create and enforce a ban on smoking in public places. In this decision, the court ruled on whether a smoker may join that case. The smoker, a former tobacco industry employee, was concerned about the request for enforcement of criminal penalties for smoking in public places. In this ruling TEAN requested to cross examine the smoker because his application was submitted by affidavit. The court rules that it would serve the interests of justice to have the applicant examined in court and orders him to appear at a later date for the purpose of cross examination.