Ngobi v Orishaba (Misc Cause No. 24 of 2022)
Ngobi v Orishaba (Misc Cause No. 24 of 2022) [2022] UGHCCD 277 (2 December 2022)
The court found that the applicant's notice of motion disclosed a cause of action under public law for enforcement of constitutional rights, specifically the right to property under Article 26 of the Constitution. The respondent failed to provide evidence that the vehicle was required or exhibited in any criminal proceedings, and did not rebut the applicant's affidavit evidence regarding impoundment and detention of property. The application is supported by Section 3(1) of the Human Rights (Enforcement) Act, 2019, which allows for redress where constitutional rights are infringed. The prelimi…
Source excerpt
- Right To Property
- Enforcement Of Fundamental Rights
- Cause Of Action
- Detention Of Property