Uganda Case 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

African Commission on Human and Peoples' Rights v Republic of Kenya (Application No. 006/2012)

African Commission on Human and Peoples' Rights v Republic of Kenya (Application No. 006/2012) [2013] AfCHPR 10 (15 March 2013)

Court

African Court on Human and Peoples Rights

Case number

Application No. 006/2012

Judge

and Robert ENO - Registrar.

The African Court granted provisional measures in a case brought by the African Commission over threatened eviction and land transactions affecting the Ogiek of the Mau Forest.

• Indigenous Rights
• Eviction And Displacement
• Right To Property
• Cultural Rights
• Provisional Measures
• Environmental Protection

Lady Kezia Rukiidi and Another v Katuramu and Others

Lady Kezia Rukiidi and Another v Katuramu and Others (Civil Suit 598 of 1996) [1996] UGHC 60 (5 November 1996)

Court

High Court of Uganda

Case number

Civil Suit 598 of 1996

Judges

Mukasa Kikonyogo, j

The court found that while the plaintiffs have a constitutional right to promote their culture and thus a reasonable cause of action exists, the suit was improperly constituted against the individual Regents. The Orukurato or its legal representative, as the body responsible for the election of Regents, was the proper party to be sued. Prince Jimmy Mugenyi, named by the late King as the person to take charge of the Royal Household, was the aggrieved party and should have been joined as a plaintiff. The court exercised its powers to order substitution of parties, striking out the names of the…

Source excerpt

• Locus Standi
• Joinder Of Parties
• Cause Of Action
• Cultural Rights