Uganda Case Law

Haruna v Attorney General & Another

Haruna v Attorney General & Another (Constitutional Petition 18 of 2020) [2024] UGCC 17 (22 May 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 18 of 2020

Judge

Egonda-Ntende, JCC, Bamugemereire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Eva K. Luswata, JA/JCC

The court held that the issues raised in the petition regarding the constitutionality of Regulation 13 of the Mortgage Regulations 2012 had already been conclusively determined by the Constitutional Court in Ferdsult Engineering Services & Mugisha Ferdinand v Attorney General & ABSA Bank Limited. The court found that Regulation 13 does not contravene or is not inconsistent with the cited constitutional provisions, including the right to property, equality before the law, fair hearing, and judicial independence. The requirement for a security deposit is designed to prevent frivolous litigation…

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• Mortgage Regulation
• Right To Property
• Fair Hearing
• Judicial Discretion
• Delegated Legislation

Center for Public Interest Law Limited v Attorney General

Center for Public Interest Law Limited v Attorney General (MISCELLANEOUS CAUSE NO. 91 OF 2020) [2020] UGHCCD 202 (25 September 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 91 OF 2020

Judge

Musa Ssekaana, J

The court held that the Minister of Energy and Mineral Development acted ultra vires the Electricity Act, 1999 and existing laws by enacting the Electricity (Establishment and Management of the Rural Electrification Fund) Instrument, S.I. No. 62 of 2020 without meaningful public and private sector participation, consultation with key stakeholders, or Cabinet approval. The court found that the process was tainted by illegality, procedural impropriety, and irrationality, particularly in the exclusion of the Permanent Secretaries for Finance and Local Government and other stakeholders from the B…

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• Judicial Review
• Delegated Legislation
• Public Participation
• Legitimate Expectation
• Procedural Impropriety
• Ultra Vires

Uganda Clearing Industry and Forwarding Association v Kampala Capital City Authority & Another

Uganda Clearing Industry and Forwarding Association v Kampala Capital City Authority & Another (MISCELLANEOUS CAUSE NPO. 439 OF 2017) [2020] UGHCCD 86 (8 May 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NPO. 439 OF 2017

Judge

Musa Ssekaana, J

The High Court granted judicial review, quashing a trade licensing amendment that required clearing and forwarding firms to obtain an additional municipal licence.

• Judicial Review
• Delegated Legislation
• Double Taxation
• Ultra Vires Action
• Trade Licensing
• Regulatory Conflict

Uganda Law Society v Kampala Capital City Authority & Another

Uganda Law Society v Kampala Capital City Authority & Another (MISCELLANEOUS CAUSE NO. 243 OF 2017) [2020] UGHCCD 82 (8 May 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 243 OF 2017

Judge

Musa Ssekaana, J

The court found that the applicant had good reason for delay in filing the judicial review application, as it only became aware of the impugned legislation upon receipt of the respondent's letter. The court exercised its discretion to extend time in the interest of justice. On the substantive issue, the court held that the Minister's inclusion of law firms in the Trade (Licensing) (Amendment of Schedule) Instrument No. 2 of 2017 was ultra vires, illegal, and irrational, as advocates are already licensed under the Advocates Act and subject to prescribed fees. The imposition of an additional li…

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• Judicial Review
• Delegated Legislation
• Ultra Vires
• Double Taxation
• Licensing Of Professions

Pharmaceutical Society of Uganda v Attorney General

Pharmaceutical Society of Uganda v Attorney General (MISCELLANEOUS APPLICATION NO. 260 OF 2019) [2020] UGHCCD 85 (8 May 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 260 OF 2019

Judge

Musa Ssekaana, J

The court held that the inclusion of pharmacies and drug stores in the schedule for trade licensing fees under the Trade (Licensing)(Amendment of Schedule) Instrument S.I No. 2 of 2017 is ultra vires the Trade (Licensing) Act and the National Drug Policy and Authority Act. The National Drug Authority is the specific regulator for pharmaceutical businesses, and subjecting them to additional municipal trade licensing fees constitutes double collection, which is unfair, discriminatory, and arbitrary. The delegated legislation conflicts with the specific statutory regime governing pharmacies and…

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• Judicial Review
• Delegated Legislation
• Ultra Vires
• Statutory Interpretation
• Regulatory Authority Conflict

Eaton Towers Uganda Limited v Attorney General & Another

Eaton Towers Uganda Limited v Attorney General & Another (MISCELLANEOUS CAUSE NO. 84 OF 2019) [2020] UGHCCD 46 (14 April 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 84 OF 2019

Judge

Musa Ssekaana, J

The court found that the inclusion of telecom masts as a trade licensing item by the local government under item 88 of the amended schedule was ultra vires the Trade (Licensing) Act and conflicted with the Uganda Communications Act, which specifically regulates and licenses telecom masts through the Uganda Communications Commission. The imposition of trade license fees by local governments on telecom masts already licensed by the central government constitutes double collection and is irrational and unfair. The delegated legislation exceeded the authority conferred by the parent Act and was i…

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• Judicial Review
• Delegated Legislation
• Ultra Vires
• Procedural Impropriety
• Legitimate Expectation
• Local Government Taxation

NC Bank Ltd & 24 Ors v Kampala Capital City Authority & Anor

NC Bank Ltd & 24 Ors v Kampala Capital City Authority & Anor (MISCELLANEOUS CAUSE NO. 2 OF 2018) [2019] UGHCCD 71 (25 February 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 2 OF 2018

Judge

Wolayo, J

The High Court in Kampala held that licensing banks under the Trade Licensing Act was ultra vires, but upheld licensing of off-premises ATMs.

• Judicial Review
• Ultra Vires
• Trade Licensing
• Banking Regulation
• Delegated Legislation
• Judicial-review

Kibai v Reginam

Kibai v Reginam (Criminal Appeal No. 191 of 1956) [1950] EACA 604 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 191 of 1956

Judge

Bacon, JA, Briggs (Acting Vice-President), Sinclair, AP

The court held that a charge for breaching the Maize Movement Order disclosed no offence because the regulations did not criminalize breach of that order.

• Statutory Interpretation
• Delegated Legislation
• Criminal Offences
• Regulatory Breaches
• Statutory-interpretation
• Delegated-legislation