Uganda Case Law

Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.37 of 2022)

Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.37 of 2022) [2024] EACJ 10 (26 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.37 of 2022

Judge

Gacuko J, Kasanda J, Masara PJ, Muhumuza J, Wejuli J

The East African Court of Justice dismissed an application and underlying reference for lack of jurisdiction, holding that the African Charter and African Commission issues fell outside the Treaty.

• Jurisdiction Of Regional Courts
• Time Limitation Of Actions
• Treaty Interpretation
• State Responsibility
• Consolidation Of Proceedings
• Eacj-jurisdiction

Japan International Cooperation Agency v Development Measures International Limited

Japan International Cooperation Agency v Development Measures International Limited (Miscellaneous Application 494 of 2022) [2024] UGHCCD 151 (12 September 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 494 of 2022

Judge

Musa Ssekaana, J

The High Court held that JICA enjoyed diplomatic immunity in Uganda, found the suit speculative and frivolous, struck out the plaint, and dismissed the case with costs.

• Diplomatic Immunity
• Striking Out Plaint
• Abuse Of Process
• Legitimate Expectation
• Diplomatic-immunity
• Striking-out-plaint

Ali and Another v Republic of Tunisia (Application No. 009/2023)

Ali and Another v Republic of Tunisia (Application No. 009/2023) [2024] AfCHPR 16 (3 September 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 009/2023

Judge

Adjei J, Anukam J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court held that it has material, personal, temporal, and territorial jurisdiction over the application, as Tunisia ratified the relevant instruments and deposited the required declaration. The objection based on sovereignty was dismissed, reaffirming that international obligations prevail over domestic claims of non-interference. However, the Court found that the applicants had not exhausted local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, since their cassation appeal regarding their detention and committal was still pending before the domestic co…

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• Right To Liberty
• Pre Trial Detention
• Exhaustion Of Local Remedies
• Sovereignty Vs International Obligations
• Right To Fair Trial
• Freedom Of Expression

Center for Health, Human Rights & Development (CEHURD) v Attorney General

Center for Health, Human Rights & Development (CEHURD) v Attorney General (Constitutional Petition 8 of 2019) [2024] UGCC 14 (13 May 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 8 of 2019

Judge

Egonda-Ntende, JCC, Bamugemereire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Gashirabake, JCC

The court found that while the petition initially raised substantial constitutional questions regarding the validity of various provisions of the Venereal Diseases Act, Cap 284, the Act was repealed by Section 97 of the Public Health (Amendment) Act, 2023, during the pendency of the proceedings. As a result, the issues in controversy ceased to exist, rendering the petition moot. The court relied on established legal principles that a case is moot when there is no longer a live controversy or cognizable interest in the outcome, and that jurisdiction may abate if the law in question is repealed…

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• Constitutional Interpretation
• Right To Health
• Right To Privacy
• Non Discrimination
• Public Health Law
• Repeal Of Legislation

Democratic Republic of the Congo v Republic of Rwanda (Application No. 007/2023)

Democratic Republic of the Congo v Republic of Rwanda (Application No. 007/2023) [2024] AfCHPR 6 (7 March 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 007/2023

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP

The African Court dismissed DR Congo’s request for expedited treatment, but ordered the inter-state application against Rwanda to proceed under the Rules on a priority basis.

• Expedited Procedure
• Inter State Application
• Right To Fair Trial
• Armed Conflict Responsibility
• Priority Consideration
• Expedited-procedure

Soumare v Republic of Mali (Application 038/2019)

Soumare v Republic of Mali (Application 038/2019) [2023] AfCHPR 23 (5 September 2023)

Court

African Court on Human and Peoples Rights

Case number

Application 038/2019

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Tchikaya J

The African Court found Aminata Soumaré’s application inadmissible for failure to prove exhaustion of local remedies, and dismissed provisional measures.

• Exhaustion Of Local Remedies
• Admissibility Requirements
• Human Rights Violations
• Provisional Measures
• Exhaustion-of-local-remedies
• Admissibility

East Africa Law Society v Secretary General of the East African Community (Appeal 6 of 2022)

East Africa Law Society v Secretary General of the East African Community (Appeal 6 of 2022) [2023] EACJ 10 (31 May 2023) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 6 of 2022

Judge

Kayobera P, Mjasiri VP, M'lnoti JA, Mugeni JA

The Court held that the distinction between membership and quorum is fundamental: while Article 13 of the Treaty sets out the membership of the Council of Ministers, the quorum for Council meetings is determined by the Rules of Procedure made under Article 15(2) of the Treaty. The Rules require representation from all Partner States at ministerial level, not the attendance of all Attorneys General. The Court found no inconsistency between the Treaty and the Rules of Procedure regarding quorum. The amendment to Article 13 was intended to ensure Sectoral Councils were properly constituted, not…

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• Treaty Interpretation
• Institutional Governance
• Quorum Requirements
• Regional Community Law

Sheikh Katungulu v World Islamic Call Society (Labour Dispute Reference 28 of 2022)

Sheikh Katungulu v World Islamic Call Society (Labour Dispute Reference 28 of 2022) [2023] UGIC 99 (20 January 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 28 of 2022

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The Respondent, World Islamic Call Society, is a prescribed organization under Ugandan law and enjoys diplomatic immunity from legal process in Uganda, including employment disputes, by virtue of the Diplomatic Privileges Act, Cap 201, and subsidiary legislation. The immunity extends to acts performed by officials in their official capacity, including employment termination. The Host Country Agreement and relevant statutory instruments confirm the Respondent's status and immunity. No statutory exceptions apply to the facts, as the Claimant's employment dispute arises from official acts. The C…

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• Diplomatic Immunity
• Employment Termination
• Jurisdiction Of Court
• Host Country Agreement

Femi Falana v Republic of Cameroon (Communication 727/19)

Femi Falana v Republic of Cameroon (Communication 727/19) [2022] ACHPR 5 (9 November 2022)

Court

African Commission on Human and Peoples Rights

Case number

Communication 727/19

The African Commission struck out Communication 727/19 for want of diligent prosecution after the complainant failed to file admissibility submissions within time.

• Extradition Without Agreement
• Refugee Rights
• Right To Asylum
• Military Tribunal Trial
• Provisional Measures
• Admissibility Of Communications

Belguith v Republic of Tunisia (Application No. 017/2021)

Belguith v Republic of Tunisia (Application No. 017/2021) [2022] AfCHPR 35 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 017/2021

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the Respondent State violated the applicant's right to be heard under Article 7(1)(a) of the Charter by failing to provide access to a competent tribunal for constitutional review of presidential decrees, as the Constitutional Court had not been operationalised and no alternative remedy existed. The Court further held that the suspension of Parliament and abrogation of constitutional provisions through presidential decrees, without adherence to constitutional procedures and without considering less restrictive measures, constituted a disproportionate and unlawful restrict…

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• Right To Be Heard
• Political Participation
• Self Determination
• Constitutional Review
• Judicial Independence