Uganda Case Law

Uganda Association of Women Lawyers (FIDA-UGANDA) & Another v Ndiko & 5 Others

Uganda Association of Women Lawyers (FIDA-UGANDA) & Another v Ndiko & 5 Others (Constitutional Application 9 of 2022) [2024] UGCC 26 (12 December 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Application 9 of 2022

Judge

Egonda-Ntende, JCC, Obura, JCC, Eva K. Luswata, JA/JCC, Kazibwe, JCC, Asa Mugenyi , JA/JCC

The court found that both Applicants demonstrated considerable expertise in gender equality and matrimonial property disputes, with a history of relevant advocacy and litigation. Their intended intervention was novel, focusing on substantive equality, legal certainty, and remedies for gender discrimination—issues not addressed by the main parties. The Applicants were deemed impartial, as their advocacy roles did not undermine objectivity. The court held that the Applicants' submissions would aid jurisprudence and serve the public interest without introducing new evidence or bias. The Responde…

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• Amicus Curiae Admission
• Gender Discrimination
• Matrimonial Property Rights
• Judicial Separation Orders

Mwesigwa Kasaga v Mboijana and others (HCT-01-CV-MA 64 of 2024)

Mwesigwa Kasaga v Mboijana and others (HCT-01-CV-MA 64 of 2024) [2024] UGHC 1130 (11 December 2024)

Court

High Court of Uganda

Case number

HCT-01-CV-MA 64 of 2024

Judge

Wagona, J

The High Court at Fort Portal refused leave to admit the applicant as amicus curiae, finding he was not neutral, sought to introduce new evidence, and was aligned with the defendants.

• Amicus Curiae Admission
• Land Disputes
• Impartiality Of Parties
• Procedural Fairness
• Amicus-curiae-admission
• Civil-procedure

Mwesigwa Kasaga v Mboijana and others (HCT-01-CV-MA 64 of 2024)

Mwesigwa Kasaga v Mboijana and others (HCT-01-CV-MA 64 of 2024) [2024] UGHC 1131 (11 December 2024)

Court

High Court of Uganda

Case number

HCT-01-CV-MA 64 of 2024

Judge

Wagona, J

The High Court at Fort Portal rejected an application to join a land suit as amicus curiae, finding the applicant biased, non-neutral, and effectively a witness for the defendants.

• Amicus Curiae Admission
• Land Dispute
• Estate Administration
• Impartiality And Bias
• Amicus-curiae
• Land-disputes

Validity Foundation v FIDA Uganda & 3 Others

Validity Foundation v FIDA Uganda & 3 Others (Civil Application 264 of 2022) [2024] UGHCCD 68 (25 March 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Application 264 of 2022

Judge

Baguma, J

The High Court refused leave for Validity Foundation to appear as amicus curiae, finding it lacked neutrality and offered no novel legal assistance.

• Amicus Curiae Admission
• Neutrality Of Parties
• Enforcement Of Human Rights
• Public Interest Litigation
• Amicus-curiae
• Civil-procedure

E. Tendayi Achiume and 5 Others v Hon. Fox Odoi-Oywelowo and 8 Others

E. Tendayi Achiume and 5 Others v Hon. Fox Odoi-Oywelowo and 8 Others (Constitutional Application 42 of 2023) [2023] UGCC 108 (13 December 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Application 42 of 2023

Judge

Buteera, DCJ, Kiryabwire, JCC, Kibeedi Mutangula, JCC, Monica K. Mugenyi, JCC, Gashirabake, JCC

The court found that the applicants failed to demonstrate the required neutrality and impartiality, as evidenced by their explicit advocacy for a particular outcome in their brief, which undermined their claim of being friends of the court. Furthermore, the court determined that the legal issues the applicants sought to address were not novel, as they had already been canvassed in detail by the petitioners in the main constitutional petition. The applicants therefore did not satisfy the statutory requirements under the Judicature (Amicus Curiae) Rules, 2022 for admission as amici curiae. Cons…

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• Amicus Curiae Admission
• Neutrality And Impartiality
• Novelty Of Legal Issues
• Public Interest Litigation

Southern African Litigation Centre (SALC) and Another v Hon. Fox Odoi-Oywelowo and 21 Others (Consolidated Constitutional Application 46 of 2023; Constitutional Application 47 of 2023; Constitutional Application 48 of 2023; Constitutional Application 53 of 2023)

Southern African Litigation Centre (SALC) and Another v Hon. Fox Odoi-Oywelowo and 21 Others (Consolidated Constitutional Application 46 of 2023; Constitutional Application 47 of 2023; Constitutional Application 48 of 2023; Constitutional Application 53 of 2023) [2023] UGCC 110 (13 December 2023)

Court

Constitutional Court of Uganda

Case number

Consolidated Constitutional Application 46 of 2023 ; Constitutional Application 47 of 2023 ; Constitutional Application 48 of 2023 ; Constitutional Application 53 of 2023

Judge

Buteera, DCJ, Kiryabwire, JCC, Kibeedi Mutangula, JCC, Monica K. Mugenyi, JCC, Gashirabake, JCC

The Constitutional Court of Uganda refused two NGOs leave to appear as amici curiae, holding they lacked neutrality and sought to repeat arguments already made by the parties.

• Amicus Curiae Admission
• Neutrality And Impartiality
• Public Interest Litigation
• Novel Points Of Law
• Amicus-curiae
• Constitutional-law

Collaboration of International ICT Policy for East & Southern Africa (CIPESA) & 2 Others v Initiative for Social & Economic Rights (ISER) Limited & 4 Others

Collaboration of International ICT Policy for East & Southern Africa (CIPESA) & 2 Others v Initiative for Social & Economic Rights (ISER) Limited & 4 Others (Miscellaneous Application 650 of 2022) [2023] UGHCCD 389 (24 March 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 650 of 2022

Judge

Boniface Wamala, J

The court found that the Applicants demonstrated neutrality and impartiality, as no vested interest or predisposition was established against them. Their prior involvement as expert witnesses in unrelated matters did not amount to bias. The Applicants' submissions were found to be legal concepts rather than new evidence or causes of action, and the court emphasized that amicus curiae must not introduce evidence but may highlight novel legal issues. The Applicants identified areas not traversed by the parties, such as data protection, digital inclusion, and surveillance, which the court deemed…

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• Amicus Curiae Admission
• Data Protection Rights
• Digital Identity Systems
• Right To Privacy
• Freedom Of Expression

Okero v Kituo Cha Sheria Legal Advice Centre and Others (Application 4 of 2022)

Okero v Kituo Cha Sheria Legal Advice Centre and Others (Application 4 of 2022) [2023] EACJ 3 (24 February 2023) (Appellate Division)

Court

East African Court of Justice

Case number

Application 4 of 2022

Judge

Mjasiri VP, M'lnoti JA

The Court dismissed consolidated applications for extension of time to appeal, holding that it lacked jurisdiction because the impugned amicus curiae decision was by a single judge.

• Extension Of Time
• Appellate Jurisdiction
• Amicus Curiae Admission
• Quorum Requirements
• Locus Standi
• Court Procedure

Bank of Uganda and Ors v Ham Enterprises Ltd

Bank of Uganda and Ors v Ham Enterprises Ltd (Civil Application No. 16 of 2021) [2021] UGCA 120 (27 January 2021)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 16 of 2021

Judge

Kakuru, JA, Madrama, JA, Buteera, DCJ

The court found that the Bank of Uganda does not satisfy the neutrality and impartiality requirements for admission as amicus curiae because it is directly and adversely affected by the orders of the High Court and has a vested interest in the outcome of the appeal. The applicant's own pleadings and affidavit evidence demonstrate its interest is not that of a disinterested friend of the court, but rather that of an aggrieved party. The court held that the proper course for the Bank of Uganda is to seek joinder as a party to the proceedings, where it may make submissions relevant to its statut…

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• Amicus Curiae Admission
• Intervention By Regulator
• Neutrality Requirement
• Banking Regulation Interest

Media Legal Defence Initiative (MDLI) and Others v Sembuusi and Another (Application 4 of 2015)

Media Legal Defence Initiative (MDLI) and Others v Sembuusi and Another (Application 4 of 2015) [2017] EACJ 96 (20 September 2017) (First Instance Division)

Court

East African Court of Justice

Case number

Application 4 of 2015

Judge

Jundu JA, Lenaola JA, Mugenyi JA, Ngiye JA, Ntezilyayo JA

The Court found that while the affidavit in support of the application contained paragraphs (4–22) that did not disclose sources of information and thus were defective, these paragraphs merely described the applicants and did not affect the substance of the application. Applying established legal principles, the Court expunged the defective paragraphs but held the application was still properly before it. The applicants demonstrated sufficient interest in the outcome of Reference No. 16 of 2014, as their mandates and expertise directly relate to the issues of freedom of expression and crimina…

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• Amicus Curiae Admission
• Freedom Of Expression
• Criminal Defamation
• Affidavit Requirements
• Neutrality Of Amici