Uganda Case Law

Taremwa & 3 Others v Uganda

Taremwa & 3 Others v Uganda (Miscellaneous Application 32 of 2024) [2024] UGHC 941 (7 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 32 of 2024

Judge

Katamba Nkwanga, J

The court found that the 1st Applicant was a juvenile at the time of arrest and detention, as evidenced by his UCE certificate and statements, and that he was unlawfully detained in adult prison for over five years, far exceeding the statutory maximum remand period for juveniles. This constituted a breach of his non derogable rights under the Constitution and the Children Act. The court held that, pursuant to Section 11(2) of the Human Rights (Enforcement) Act, 2019, and relevant constitutional provisions, the trial against the 1st Applicant was a nullity and must be discontinued, with immedi…

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• Juvenile Justice
• Remand Periods
• Detention With Adults
• Right To Be Produced In Court
• Nullification Of Trial
• Constitutional Rights Enforcement

Muyizzi v Attorney General

Muyizzi v Attorney General (Miscellaneous Application No. 816 of 2021) [2021] UGHCCD 271 (10 December 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 816 of 2021

Judge

Musa Ssekaana, J

The High Court of Uganda refused to restrain police investigations into alleged fraudulent transactions, holding that public interest and the DPP’s constitutional mandate outweighed the applicant’s request.

• Interim Injunctions
• Public Interest Considerations
• Judicial Discretion
• Constitutional Rights Enforcement
• Interim-injunctions
• Public-interest

Baguma v Kampala Capital City Authority

Baguma v Kampala Capital City Authority (MISCELLANEOUS CAUSE NO. 318 OF 2019) [2020] UGHCCD 155 (13 May 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 318 OF 2019

Judge

Nambayo, J

The court found that the Respondent's delay in issuing the appointment letter to the Applicant was a breach of statutory obligation under Regulation 29(1) of the Public Service Commission Regulations, but did not amount to a violation of constitutional rights as alleged. There was no evidence of discrimination within the meaning of Article 21(3) of the Constitution, nor was there proof of violation of economic rights under Article 40, as salary and benefits only accrue upon formal appointment and deployment. The Applicant was not entitled to salary or benefits for the period prior to his form…

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• Public Service Appointments
• Statutory Obligations
• Constitutional Rights Enforcement
• Discrimination Claims

Kitata v Director of Public Prosecutions & Another

Kitata v Director of Public Prosecutions & Another (MISCELLANEOUS CAUSE NO. 125 OF 2018) [2019] UGHCCD 251 (30 May 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 125 OF 2018

Judge

Mugambe, J

The High Court upheld most of the applicant’s challenge to court martial proceedings, but found his military detention beyond 48 hours unlawful.

• Military Jurisdiction Over Civilians
• Trial Of Civilians In Court Martial
• Unlawful Detention
• Constitutional Rights Enforcement
• Powers Of Dpp
• Statutory Interpretation

Muwanga v The Commissioner Land Registration & Anor

Muwanga v The Commissioner Land Registration & Anor (Miscellaneous Cause No. 17 of 2013) [2017] UGHCLD 51 (2 May 2017)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 17 of 2013

The Supreme Court held that the Constitutional Court erred in its interpretation regarding the award of costs, as three out of five Justices had awarded costs to Kivumbi, making the majority sufficient for a costs order. The Court clarified that while judicial discretion does not allow awarding costs not prayed for, a successful litigant in a public interest constitutional petition who has prayed for costs should be reimbursed for direct costs incurred. The petition, though filed by Kivumbi in his individual capacity, was of public interest due to its impact on constitutional rights for all c…

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• Costs In Constitutional Petitions
• Public Interest Litigation
• Judicial Discretion On Costs
• Constitutional Rights Enforcement

Historic Resources Conservation Initiatives & Ors v Attorney General

Historic Resources Conservation Initiatives & Ors v Attorney General (Civil Suit No. 53 of 2011) [2012] UGHC 84 (30 April 2012)

Court

High Court of Uganda

Case number

Civil Suit No. 53 of 2011

Judge

Mwangusya, J

The High Court struck out a plaint against the Attorney General for failure to serve statutory notice, holding the defect was fatal and the preliminary objection could be raised later.

• Statutory Notice Requirement
• Preliminary Objection
• Constitutional Rights Enforcement
• Striking Out Plaint
• Mandatory Procedural Compliance
• Statutory-notice