Uganda Case Law

Pastor Daniel Walugembe v Ndyomugenyi And Another

Pastor Daniel Walugembe v Ndyomugenyi And Another (Miscellaneous Cause 181 of 2023) [2024] UGHCCD 115 (2 August 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 181 of 2023

Judge

Boniface Wamala, J

The court found that the 1st respondent, a public officer, acted ultra vires and illegally by issuing a directive in her report that allowed a third party to take possession of land already adjudicated in favour of the applicant by competent courts. This directive contradicted existing court orders and exceeded the respondent's lawful mandate, as only courts have authority to determine proprietary rights in land. The court held that while State House may receive complaints and convene meetings to maintain public order, it cannot issue binding directives on matters already determined by courts…

Source excerpt

• Judicial Review
• Ultra Vires Actions
• Public Officer Mandate
• Land Ownership Disputes
• Certiorari And Prohibition

Murtazaali v The Departed Asians Property Custodian Board

Murtazaali v The Departed Asians Property Custodian Board (Miscellaneous Cause No. 144 of 2021) [2022] UGHCCD 217 (25 October 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 144 of 2021

Judge

Boniface Wamala, J

The High Court held that the Respondent acted illegally by trying to reclaim property that had already been lawfully repossessed, and granted judicial review relief.

• Judicial Review
• Ultra Vires Actions
• Expropriated Properties Act
• Repossession Of Property
• Public Body Mandate
• Certiorari And Prohibition

Nantabala Vs Attorney General (Misc. Cause No. 030 of 2016)

Nantabala Vs Attorney General (Misc. Cause No. 030 of 2016) [2019] UGHC 17 (22 August 2019)

Court

High Court of Uganda

Case number

Misc. Cause No. 030 of 2016

Judge

Luswata, J

The High Court dismissed a judicial review challenge to the IGG’s investigation into alleged fraud in land title issuance, holding the probe was lawful despite a pending civil suit.

• Judicial Review
• Powers Of Igg
• Sub Judice Rule
• Certiorari And Prohibition
• Fair Hearing
• Fraud In Land Title

Byamugisha & Anor v Law Development Center (Misc Application No. 205 of 2008)

Byamugisha & Anor v Law Development Center (Misc Application No. 205 of 2008) [2013] UGHCCD 14 (1 February 2013)

Court

HC: Civil Division (Uganda)

Case number

Misc Application No. 205 of 2008

The court found that the disciplinary process against the applicants was irregular and did not comply with the Law Development Centre Standing Orders, as the matter was referred to an ad hoc committee rather than the proper disciplinary committee. Although the suspension itself was not illegal, the process following the suspension was flawed. The respondent conceded the procedural irregularity. The court held that the orders of certiorari and prohibition were not available since the suspension had already been lifted and there was no subsisting decision to quash or prohibit. On the issue of d…

Source excerpt

• Judicial Review
• Disciplinary Procedure
• Certiorari And Prohibition
• Natural Justice
• Employment Suspension

Public Procurement and Disposal of Public Assets Authority v Clear Channel Independent (U) Ltd (Misc. App. No. 242 of 2009)

Public Procurement and Disposal of Public Assets Authority v Clear Channel Independent (U) Ltd (Misc. App. No. 242 of 2009) [2009] UGHC 188 (15 June 2009)

Court

High Court of Uganda

Case number

Misc. App. No. 242 of 2009

The High Court dismissed a stay application, holding that the challenged decision was already a nullity and the operative order was directed at a non-party.

• Stay Of Execution
• Judicial Review Orders
• Certiorari And Prohibition
• Nullity Of Administrative Decisions
• Stay-of-execution
• Judicial-review

Hon. Kasiano Wadri v The Hon. Minister Of Local Government (Misc. Cause No.46 Of 2007) (Misc. Cause No.46 of 2007)

Hon. Kasiano Wadri v The Hon. Minister Of Local Government (Misc. Cause No.46 Of 2007) (Misc. Cause No.46 of 2007) [2009] UGHC 160 (26 March 2009)

Court

High Court of Uganda

Case number

Misc. Cause No.46 of 2007

The High Court quashed the Minister’s decision naming Nyadri as district headquarters, held it ultra vires, and ordered the matter remitted to the Interim Council.

• Judicial Review
• Ultra Vires Decision
• Local Government Powers
• Certiorari And Prohibition
• Judicial-review
• Certiorari

Hon. Winfred K. Masiko and Others v The Director of Public Prosecutions and Others

Hon. Winfred K. Masiko and Others v The Director of Public Prosecutions and Others (Miscellaneous Cause No. 220 of 2008) [2009] UGHC 249 (7 January 2009)

Court

High Court of Uganda

Case number

Miscellaneous Cause No. 220 of 2008

Judge

Musoke-Kibuuka, J

The High Court granted leave to seek judicial review over criminal charges alleged to be unlawful, abusive, and outside jurisdiction, and ordered a stay.

• Judicial Review
• Certiorari And Prohibition
• Abuse Of Discretion
• Jurisdiction Of Criminal Courts
• Prosecutorial Misconduct
• Contractual Liability

National Union of Clerical Commercial Professional and Technical Employees

National Union of Clerical Commercial Professional and Technical Employees (Civil Appeal 42 of 99) [2000] UGCA 35 (31 March 2000)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 42 of 99

Judge

Mayindo, DCJ, Berko, JA, Engwau, JA

The Court of Appeal held that failure to publish an Industrial Court award in the Gazette did not make interpretation proceedings void, and allowed the union's appeal.

• Collective Agreements
• Industrial Court Awards
• Certiorari And Prohibition
• Retrospective Awards
• Gazette Publication
• Effective Date Of Award

Uganda Bankers ( Employers Association) v National Union of Clerical Commercial Professionals and Technical Employees

Uganda Bankers ( Employers Association) v National Union of Clerical Commercial Professionals and Technical Employees (Civil Appeal 51 of 1996) [1998] UGCA 53 (28 April 1998)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 51 of 1996

Judge

Manyindo, DCJ, Berko, JA, Engwau, JA

The Court of Appeal held that the taxing officer and the High Court Judge erred in applying the Advocates (Remuneration and Taxation of Costs) (Amendment) Rules, 1996, instead of the 1982 Rules, which were in force when the order for costs was made. The liability to pay costs accrues at the time of the court's order, and the applicable rules are those in force at that time. The instruction fee awarded was manifestly excessive, given the absence of a certificate of complexity, the unknown value of the subject matter, and the brevity of the hearing. The correct approach required adherence to th…

Source excerpt

• Taxation Of Costs
• Instruction Fees
• Application Of Remuneration Rules
• Judicial Discretion In Costs
• Certiorari And Prohibition
• Industrial Court Awards

Uganda Bankers' (Employers) Association v National Union Of Clerical Commercial Professional and Technical Employees

Uganda Bankers' (Employers) Association v National Union Of Clerical Commercial Professional and Technical Employees (Miscellaneous Cause 183 of 1996) [1996] UGHC 67 (22 August 1996)

Court

High Court of Uganda

Case number

Miscellaneous Cause 183 of 1996

Judge

A.O .Ouma, J

The High Court upheld taxation under the 1996 amended Advocates Rules and dismissed an appeal challenging a Shs. 40 million instruction fee and other cost items.

• Taxation Of Costs
• Advocates Remuneration
• Industrial Disputes
• Certiorari And Prohibition
• Taxation-of-costs
• Advocates-remuneration