17. Before
addressing
whether
the
that issue,
Reference
and
we
the
must
Motion
dispose
have
of the question
been
overtaken
by
events and whether the Applicant is best suited to be enjoined as
an intervener or be called as an expert witness.
18. With
tremendous
repect to Ms.
Mutesi,
both issues require not
more than the following answers:i)
We
perused
the
Reference
November,
2014,
Ms.
Mutesi
Conference
called under
the
have
issue
indeed
an Amended
of the
of Court,
note
party
to
that
a
the
Reference
Reference
On
was
was
in it are therefore
in this Ruling determine
whether
on
6th
Scheduling
that day,
raised
and
amended
and
Reference was filed on 7th January,
issues for determination
cannot
was
we
Rule 53 of the Rules.
of amendment
by leave
and
2015. The
still live and we
it has or has not
been overtaken by events; and
ii) As
to whether
the
Applicant
intervener or expert witness,
should
have
come
in
as
the matter is irrelevant.
an
It has
applied to be granted leave to join as an amicus
curiae and
that
other.
is
the
Attorney
matter
General’s
determine
save
indeed
expert
an
to
be
determined
preference
that
it
is
is not
obvious
in HIV/AIDS
and
an
that
related
no
issue
the
for
The
us
to
Applicant
is
issues,a
matter
we
shall touch on later in this Ruling.
19. Having
said
determined,
so
what
and
turning
back
considerations
to
the
should
single
a
Court
issue
take
to
be
into
APPLICATIONS No.3 OF 2015
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