Uganda Case Law

Prince Nyaika and 11 POthers v Owek . Mugenyi Rucunya (okwiri) and 2 Others

Prince Nyaika and 11 POthers v Owek . Mugenyi Rucunya (okwiri) and 2 Others (Miscellaneous Application 50 of 2023) [2023] UGHC 252 (20 December 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 50 of 2023

Judge

Byaruhanga Rugyema, J

The High Court of Uganda at Hoima granted a temporary injunction stopping the appointment of Regents for the Bunyoro Kitara Kingdom pending the main suit.

• Temporary Injunction
• Jurisdiction Of High Court
• Traditional Leadership Disputes
• Appointment Of Regents
• Locus Standii
• Balance Of Convenience

Rukiidi and 2 Others v Katuramu and 3 Others (H.C.C.S. NO. 598 OF 1996)

Rukiidi and 2 Others v Katuramu and 3 Others (H.C.C.S. NO. 598 OF 1996) [1999] UGHC 49 (13 July 1999)

Court

High Court of Uganda

Case number

H.C.C.S. NO. 598 OF 1996

Judge

Bossa, J

The court found that the institution of regency existed in Tooro culture prior to and after the 1962 Constitution, and was codified therein. The Orukurato, as the cultural assembly, had the legal capacity to appoint regents when the Omukama was an infant and unable to do so himself. The regents were validly elected by a properly constituted Orukurato and are lawful regents. Their authority is limited to non-ritualistic functions, and there was no credible evidence that they performed ritualistic functions reserved for the Omukama. The claim that the late Omukama orally appointed a guardian to…

Source excerpt

• Customary Law
• Succession Of Traditional Leadership
• Cultural Institutions
• Burden Of Proof
• Appointment Of Regents