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

  • Uganda
  • Sep 20, 2001
  • High Court of Uganda at Kampala

Parties

Plaintiff Joseph Eryau

Defendant The Environmental Action Network

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"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."