Uganda Case Law

Wakiso Miraa Growers and Dealers Association Limited v Attorney General

Wakiso Miraa Growers and Dealers Association Limited v Attorney General (Constitutional Petition No. 1 of 2017) [2023] UGCC 100 (6 May 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 1 of 2017

Judge

Monica K. Mugenyi, JCC, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Musota, JCC, Buteera, DCJ

The court found that the applicant's petition raised substantial constitutional questions regarding the legislative process, specifically the requirement for quorum during the passage of the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015. Upon reviewing the Hansard and affidavits, the court determined that there was no evidence that the Speaker ascertained the existence of quorum at the critical voting stages, nor was there evidence of the actual number of members present. The court held that the expressions 'Question put and agreed to' and 'Report adopted' in the Hansard did…

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• Parliamentary Quorum
• Legislative Process
• Constitutional Supremacy
• Public Participation
• Statutory Nullification

Kato & 4 Others v Uganda

Kato & 4 Others v Uganda (Criminal Miscellaneous Application 6 of 2022) [2022] UGHCICD 6 (27 October 2022)

Court

HC: International Crimes Division (Uganda)

Case number

Criminal Miscellaneous Application 6 of 2022

Judge

Okalany, J

Rule 54(1) of the ICD Rules, which purports to restrict the right of an accused person to apply for bail before confirmation of charges at the pretrial stage, is inconsistent with Article 23(6)(a) and Article 139(1) of the Constitution and Section 14 of the Trial on Indictments Act. The Constitution is the supreme law, and any law or rule that derogates from its provisions is void to the extent of the inconsistency. The High Court, including its International Crimes Division, retains unlimited original jurisdiction to hear bail applications at any stage of proceedings, whether pretrial or tri…

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• Bail Application
• Jurisdiction Of High Court
• Constitutional Supremacy
• Pretrial Procedure
• Trafficking In Persons

Rugo Farm Company v Attorney General of the Republic of Burundi

Rugo Farm Company v Attorney General of the Republic of Burundi (Reference No.14 of 2018) [2022] EACJ 3 (7 April 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.14 of 2018

Judge

Masara PJ, Muhumuza J, Nyawello J, Wejuli J

The East African Court of Justice has jurisdiction to determine the legality of Partner State actions alleged to infringe the Treaty, even if arising from domestic court decisions, provided the Reference challenges Treaty compliance. The Reference was filed within the prescribed two-month period after notification of the impugned decision. The contract for the sale of land by Ruzizi Company to the Applicant was legal, supported by government authorization and registration, and not contradicted by evidence from the Respondent. The Special Court of Lands and Other Assets violated Article 230(3)…

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• Property Rights
• Contract Validity
• Constitutional Supremacy
• Rule Of Law
• Jurisdiction Of Regional Courts
• Remedies And Compensation

Conservative Party v Attorney General and Anor (Consitutional Petition No. 31 of 2015)

Conservative Party v Attorney General and Anor (Consitutional Petition No. 31 of 2015) [2021] UGCC 31 (15 March 2021)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 31 of 2015

Judge

Bamugemereire, JCC, Kakuru, JCC, Madrama, JCC, Mulyagonja, JCC, Buteera, DCJ

The Constitutional Court upheld Uganda's amended election nomination fees, holding that public participation was not constitutionally required and the fees were not shown to be excessive.

• Public Participation In Legislation
• Nomination Fees
• Right To Contest Elections
• Constitutional Supremacy
• Equality Before Law
• Constitutional-law

Lwamasaka Nkonge Prosper (Kinyenyambali) V James Magala Muteweta (Kyana) & Another

Lwamasaka Nkonge Prosper (Kinyenyambali) V James Magala Muteweta (Kyana) & Another (Miscellaneous Cause No. 65 of 2015 & 87 of 2016) [2019] UGHCCD 284 (12 July 2019)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 65 of 2015 & 87 of 2016

Judge

Musa Ssekaana, J

The High Court held that a dispute over the rightful Kkobe clan head was a customary matter best resolved through Buganda’s traditional mechanisms, not by court.

• Customary Law Disputes
• Clan Leadership
• Traditional Leadership
• Justiciability
• Cultural Rights
• Constitutional Supremacy

Asaph Ruhinda Ntegye & Anor v Attorney General

Asaph Ruhinda Ntegye & Anor v Attorney General (Constitutional Petition No. 33 of 2016) [2017] UGCC 3 (22 December 2017)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 33 of 2016

Judge

Kiryabwire, JA, Obura, JA

The Court found that Section 10(3) of the Labour Disputes (Arbitration and Settlement) Act No. 8 of 2006, which limits the tenure of the Chief Judge and Judge of the Industrial Court to five years, is inconsistent with the Constitution of Uganda. The Constitution prescribes that judicial officers, including those serving in subordinate courts established by Parliament such as the Industrial Court, enjoy security of tenure based on age, not fixed-term appointments. The Court held that the Industrial Court is a court of judicature under Article 129(1)(d), and its judges are judicial officers en…

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• Judicial Tenure
• Industrial Court Judges
• Constitutional Supremacy
• Judicial Independence
• Discrimination In Judicial Service
• Appointment Of Judges