Uganda Case Law

Democratic Governance Facility (Suing through the Royal Danish Embassy) v Centre for Constitutional Governance & 2 Others

Democratic Governance Facility (Suing through the Royal Danish Embassy) v Centre for Constitutional Governance & 2 Others (Miscellaneous Application 970 of 2023) [2025] UGCommC 7 (20 January 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 970 of 2023

Judge

Anna B. Mugenyi, J

The High Court allowed substitution of the Democratic Governance Facility with the Kingdom of Denmark as plaintiff after DGF ceased operations in Uganda.

• Substitution Of Parties
• Diplomatic Immunity
• Plaintiff Capacity
• Counterclaims
• Waiver Of Immunity
• Substitution-of-parties

Japan International Cooperation Agency v Development Measures International Limited

Japan International Cooperation Agency v Development Measures International Limited (Miscellaneous Application 494 of 2022) [2024] UGHCCD 151 (12 September 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 494 of 2022

Judge

Musa Ssekaana, J

The High Court held that JICA enjoyed diplomatic immunity in Uganda, found the suit speculative and frivolous, struck out the plaint, and dismissed the case with costs.

• Diplomatic Immunity
• Striking Out Plaint
• Abuse Of Process
• Legitimate Expectation
• Diplomatic-immunity
• Striking-out-plaint

Nabulere v International Organization for Migration (Labour Dispute Miscellaneous Application 107 of 2021)

Nabulere v International Organization for Migration (Labour Dispute Miscellaneous Application 107 of 2021) [2023] UGIC 65 (2 October 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 107 of 2021

Judges

Wabwire Musana, J, Musimbi, Panel Member, Kagoye, Lapenga

The respondent, International Organisation for Migration, enjoys diplomatic immunity from legal process in Uganda for actions performed in its official capacity, including employment decisions. This immunity is conferred by the Diplomatic Privileges Act, the relevant Regulations, and the Cooperation Agreement with the Government of Uganda, which incorporates the Convention on the Privileges and Immunities of Specialized Agencies. The applicant's employment and termination were official acts, and no waiver of immunity was shown. Therefore, the Industrial Court lacks jurisdiction to compel prod…

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• Diplomatic Immunity
• Employment Termination
• Jurisdiction Of Court
• International Organization Privileges

Sheikh Katungulu v World Islamic Call Society (Labour Dispute Reference 28 of 2022)

Sheikh Katungulu v World Islamic Call Society (Labour Dispute Reference 28 of 2022) [2023] UGIC 99 (20 January 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 28 of 2022

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The Respondent, World Islamic Call Society, is a prescribed organization under Ugandan law and enjoys diplomatic immunity from legal process in Uganda, including employment disputes, by virtue of the Diplomatic Privileges Act, Cap 201, and subsidiary legislation. The immunity extends to acts performed by officials in their official capacity, including employment termination. The Host Country Agreement and relevant statutory instruments confirm the Respondent's status and immunity. No statutory exceptions apply to the facts, as the Claimant's employment dispute arises from official acts. The C…

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• Diplomatic Immunity
• Employment Termination
• Jurisdiction Of Court
• Host Country Agreement

Democratic Governance Facility v Uganda Youth Network and 4 Others

Democratic Governance Facility v Uganda Youth Network and 4 Others (Civil Suit 954 of 2020) [2021] UGCommC 182 (3 November 2021)

Court

Commercial Court of Uganda

Case number

Civil Suit 954 of 2020

Judge

Stephen Mubiru, J

The High Court held that the Democratic Governance Facility had legal personality and locus standi to sue. The preliminary objection was overruled.

• Legal Personality Of International Organisations
• Locus Standi
• Capacity To Sue
• Diplomatic Immunity
• Agency And Principal
• Preliminary Objection

Democratic Republic of Congo v Attorney General (Consitutional Petition No. 22 of 2018)

Democratic Republic of Congo v Attorney General (Consitutional Petition No. 22 of 2018) [2021] UGCC 7 (27 April 2021)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 22 of 2018

Judge

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

The Constitutional Court dismissed the DRC’s petition, holding that it raised no question requiring constitutional interpretation under Article 137.

• Diplomatic Immunity
• State Property Protection
• Constitutional Interpretation
• Treaty Obligations
• Jurisdiction Of Courts
• Constitutional-interpretation

Democratic Republic of Congo v Attorney General

Democratic Republic of Congo v Attorney General (Constitutional Petition No. 22 of 2018) [2021] UGCA 23 (27 April 2021)

Court

Court of Appeal of Uganda

Case number

Constitutional Petition No. 22 of 2018

Judge

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

The Constitutional Court found that the petition did not raise any questions requiring interpretation of the Constitution as mandated by Article 137. The applicant's grievances related to the enforcement of rights and the application of existing law, not to the interpretation of constitutional provisions. The court emphasized that the proper forum for redress regarding the attachment and sale of diplomatic properties, or for challenging alleged fraudulent acquisition of property, was the High Court or Court of Appeal, where the applicant could have defended itself or appealed the decisions. T…

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• Diplomatic Immunity
• Treaty Obligations
• Jurisdiction Of Courts
• Property Attachment
• Foreign Missions
• Constitutional Interpretation

Liberty Construction Company Limited & Another v African Development Bank & Another

Liberty Construction Company Limited & Another v African Development Bank & Another (Miscellaneous Application 877 of 2015) [2016] UGCommC 287 (13 June 2016)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 877 of 2015

Judge

Alividza, J

The High Court found that while diplomatic immunity for international organizations such as the African Development Bank is recognized under Ugandan law and international conventions, it is not absolute, particularly in commercial matters. However, in this case, the connection between the sanctions proceedings and the pending civil suit was too remote. The Respondents were not parties to the main suit, and the subject of the sanctions (forged guarantees) was not the central issue in the pending litigation, which concerned post-termination obligations. The court held that the Respondents' admi…

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• Judicial Review
• Diplomatic Immunity
• Sanctions Proceedings
• Sub Judice Rule

Capitao v Tanzania (Communication 53 of 1991)

Capitao v Tanzania (Communication 53 of 1991) [1995] ACHPR 2 (22 March 1995)

Court

African Commission on Human and Peoples Rights

Case number

Communication 53 of 1991

The African Commission held the communication inadmissible for failure to exhaust local remedies, finding no sufficient proof that remedies were unavailable, ineffective, or unreasonably prolonged.

• Diplomatic Immunity
• Exhaustion Of Local Remedies
• Enforcement Of Foreign Judgments
• Exhaustion-of-local-remedies
• Foreign-judgment-enforcement
• Diplomatic-immunity

Rodrigues v British High Commission

Rodrigues v British High Commission (Civil Appeal 8 of 1987) [1988] UGCA 1 (11 January 1988)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 8 of 1987

Judge

Manyindo, DCJ, Lubogo, Ag. JA, Odoki, JA

The Court of Appeal held that the British High Commission, as a diplomatic mission, is not a legal person with capacity to be sued under Ugandan law; only the United Kingdom, as a foreign state, is so incorporated for purposes of holding land and litigation. The court affirmed the doctrine of restrictive sovereign immunity, recognizing that commercial transactions by states are not immune from suit. However, since the respondent was not a legal entity, the action was misconceived and not maintainable against it. The court further clarified that immunity from execution does not bar the court's…

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• Sovereign Immunity
• Diplomatic Immunity
• Capacity To Sue And Be Sued
• Commercial Transactions By States
• Registration Of Titles
• Enforcement Of Judgments