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4 Mar 2024

Civil Procedure [2024] UGCommC 37

Kazooba v M.K Creditors Ltd & Others

Kazooba v M.K Creditors Ltd & Others (Miscellaneous Application 1257 of 2022) [2024] UGCommC 37 (4 March 2024)

Court: Commercial Court of Uganda
Case number: Miscellaneous Application 1257 of 2022
Judge: Harriet Grace Magala, J

The High Court determined that the constitutional question regarding the appointment and deployment of acting judges had already been conclusively addressed by the Constitutional Court in Constitutional Petition No. 15 of 2022, which found the designation of acting judges for a term of two years to be unconstitutional but did not retrospectively nullify their appointments or judicial acts. The doctrine of res judicata precludes referring the same question to the Constitutional Court again. The High Court is bound by the Constitutional Court's decision under stare decisis, and the pending appe…

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Judicial Appointments
Acting Judges
Constitutional Reference
Case Consolidation

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6 Jun 2023

Constitutional Law [2023] UGCC 117

Attorney General v Kabumba & Another

Attorney General v Kabumba & Another (Constitutional Application 16 of 2022) [2023] UGCC 117 (6 June 2023)

Court: Constitutional Court of Uganda
Case number: Constitutional Application 16 of 2022
Judge: Buteera, JCC, Bamugemereire, JCC, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Kihika, JA /JCC

The Constitutional Court found that it has inherent jurisdiction to grant a stay of execution of its own orders, including consequential orders arising from declaratory judgments, in order to protect the right of appeal. The applicant established a prima facie case and likelihood of success on appeal by articulating arguable constitutional questions regarding the President's mandate to appoint acting judges and the interpretation of relevant constitutional provisions. The court held that if a stay is not granted, the appeal may be rendered nugatory, as the regularization of the judges' appoin…