The Supreme Court of Uganda granted an interim stay of execution of the Constitutional Court’s orders pending determination of the substantive stay application.
Oketcho & Another v Owor (Constitutional Application 2 of 2011) [2011] UGSC 1 (11 February 2011)
Court
Supreme Court of Uganda
Case number
Constitutional Application 2 of 2011
The Supreme Court granted an interim stay of execution against a Constitutional Court order nullifying parliamentary nominations, pending determination of a substantive stay application.
Attorney General v James Rwanyarare and Ors (Constitutional Appeal 2 of 2003) [2004] UGSC 2 (21 April 2004)
Court
Supreme Court of Uganda
Case number
Constitutional Appeal 2 of 2003
The Supreme Court held that time for a constitutional petition challenging legislation ran from gazettement, not presidential assent, so the petition was in time.
Ssenogerere and Another v Attorney General (Civil Reference No.08 of 2001) [2003] UGCA 30 (1 January 2003)
Court
Court of Appeal of Uganda
Case number
Civil Reference No.08 of 2001
Judge
Twinomujuni, JA
The court found that the Taxing Officer misdirected himself by failing to consider the Supreme Court's authoritative assessment of the same petition, which recognized the case as one of great national importance and difficulty. The court held that the instruction fee awarded was manifestly inadequate, given the complexity, significance, and extensive preparation required for the petition, including the opposition to preliminary objections. The court further held that instruction fees for opposing preliminary objections are covered by the rules, as such work is necessarily and properly done in…
Muwonge v Uganda (Criminal Appeal No. 338/2003) [2010] UGCA 2 (1 February 2010)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 338/2003
Judge
Kavuma, JA, Arach-Amoko, JCC, Twinomujuni, JA
The Supreme Court held that the Constitutional Court erred in its interpretation and application of costs in constitutional petitions. Although costs were not specifically prayed for by Kivumbi, the majority of Justices in the Constitutional Court had awarded costs, and the subsequent advice to the appellant that no costs had been awarded was incorrect. The Court clarified that public interest litigation, even when filed by an individual, may justify an award of costs if the petitioner is successful and has prayed for costs. The Court emphasized that the right to demonstrate, as protected und…