Sserungoji v Ssekyanzi (Miscellaneous Cause 28 of 2024) [2025] UGHC 315 (22 May 2025)
Court
High Court of Uganda
Case number
Miscellaneous Cause 28 of 2024
Judge
Deepa Verma, J
The High Court struck out an out-of-time reply, found unlawful withholding of land titles violated the applicant’s property rights, and granted relief with reduced compensation.
Walusimbi & 5 Others v Attorney General (Miscellaneous Application 18 of 2024) [2025] UGHCICD 2 (20 March 2025)
Court
HC: International Crimes Division (Uganda)
Case number
Miscellaneous Application 18 of 2024
Judge
Wabwire, J
The Applicants failed to prove, on a balance of probabilities, that their rights to freedom from torture, cruel, inhuman and degrading treatment, and to a fair, speedy and public hearing were violated. The Respondent's medical evidence and third-party statements were unrebutted and contradicted the Applicants' claims of torture. However, the Applicants established that they were detained at the Chieftaincy of Military Intelligence (CMI) facility, which is not authorized by law, and were denied access to legal counsel, next of kin, and medical attention. The Respondent admitted to prolonged de…
Lutaaya v Attorney General and 6 Others (Miscellaneous Cause 256 of 2021) [2024] UGHCCD 131 (20 August 2024)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 256 of 2021
Judge
Nambayo, J
The High Court has jurisdiction to hear and determine applications for enforcement of human rights violations. The Applicant's evidence, which was unchallenged due to the Respondents' failure to file a timely affidavit in reply, established that he was unlawfully detained for more than 48 hours and subjected to torture by police officers acting in the course of their employment. The actions of the Respondents constituted violations of the Applicant's non-derogable constitutional rights to freedom from torture and inhuman treatment, as well as his right to liberty. The Attorney General, as the…
The tribunal found unlawful prolonged detention of three complainants, but dismissed their torture claims. Compensation was awarded for violation of personal liberty.
The tribunal rejected the torture claim for lack of credible proof, but found unlawful detention for 43 days and awarded UGX 3,000,000 in compensation.
The tribunal found that the complainant was subjected to cruel, inhuman and degrading treatment by UPDF soldiers on the orders of Lt. Otim Bosco. Although partial compensation was paid, the respondent failed to pay the agreed balance. The tribunal considered the complainant's prior injury from a gunshot wound, which was not caused by the beating in question. Nonetheless, the tribunal held that the beating constituted a violation of the complainant's right to freedom from torture and ordered general damages as compensation.
Turyamuhika Geofrey Tumwine v Attorney General (Miscellaneous Cause 308 of 2019) [2023] UGHCCD 383 (22 September 2023)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 308 of 2019
Judge
Phillip Odoki, J
The court found that the Applicant's right to personal liberty was violated when he was detained for ten days without being informed of the reason for his arrest, denied access to his lawyer, physician, and next of kin, and not produced before court within the constitutional 48-hour period. The Respondent failed to rebut these facts. The Applicant was also subjected to mental and psychological torture through blindfolding and incommunicado detention, which meets the statutory definition of torture. However, the Applicant did not prove violation of his right to practice his profession or to ha…
The Tribunal found that the Complainant was subjected to severe physical and psychological torture by RRU operatives, resulting in 12% permanent disability, and was detained for 25 days before being produced in court, far exceeding the constitutional 48-hour limit. The Respondent failed to rebut the evidence, which was corroborated by medical and eyewitness testimony. The acts constituted violations of the Complainant's non-derogable right to freedom from torture and his right to personal liberty under the Constitution. The Tribunal held the Respondent vicariously liable and awarded compensat…
The Tribunal found that the complainant was detained for 35 days, with only the first 48 hours being lawful under the Constitution. The remaining 33 days constituted unlawful detention and a violation of the complainant's right to personal liberty. The respondent, as the employer of the state agents responsible for the detention, is vicariously liable for their actions. The complainant's evidence was corroborated by witnesses and documentary evidence, and the respondent failed to rebut the allegations or present a defence. The Tribunal therefore held that the complainant's rights were violate…