Uganda Case Law

H.E Museveni Kaguta v Editor in chief daily monitor newspaper and Another

H.E Museveni Kaguta v Editor in chief daily monitor newspaper and Another (Civil Suit No. 94 of 2021) [2022] UGHCCD 248 (30 November 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 94 of 2021

Judge

Musa Ssekaana, J

The court held that the mere filing of a constitutional petition by a party does not automatically stay proceedings in the High Court. The authority cited by the defendants was distinguishable, as it applied to constitutional references made by the trial court, not to independent petitions filed by parties. The court retains discretion to stay or proceed with the matter, and such discretion must be exercised judicially and in the public interest. Granting an automatic stay would risk abuse by litigants seeking to delay proceedings. Therefore, the application for stay was denied, and the suit…

Source excerpt

• Stay Of Proceedings
• Constitutional Petition
• Judicial Discretion
• Presidential Immunity

Uganda V Hassan Hussein Agad & 11 Others

Uganda V Hassan Hussein Agad & 11 Others (Criminal Session Case No. 0001 of 2010) [2011] UGHCICD 1 (18 November 2011)

Court

HC: International Crimes Division (Uganda)

Case number

Criminal Session Case No. 0001 of 2010

Judge

Owiny-Dollo, J

The High Court stayed a criminal trial pending a Constitutional Court petition challenging the legality of the proceedings and raising jurisdictional issues.

• Stay Of Proceedings
• Right Of Access To Justice
• Commissioning Of Affidavits
• Jurisdiction Of Trial Court
• Constitutional Petition
• Balance Of Convenience