Uganda Case Law

Muwanga v Sembatya & 2 Ors (Misc. Application No. 1470 of 2017)

Muwanga v Sembatya & 2 Ors (Misc. Application No. 1470 of 2017) [2018] UGHCLD 15 (12 February 2018)

Court

HC: Land Division (Uganda)

Case number

Misc. Application No. 1470 of 2017

Judge

Kawesa, J

The Supreme Court of Uganda held that a successful constitutional petitioner in a public interest matter may be awarded direct costs if they were prayed for, and allowed the appeal.

• Costs In Constitutional Petitions
• Public Interest Litigation
• Judicial Discretion In Award Of Costs
• Interpretation Of Constitutional Rights
• Public-interest-litigation
• Constitutional-petitions

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…

Source excerpt

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