Uganda Case Law

Luyenjje Najjimu and Others v Uganda

Luyenjje Najjimu and Others v Uganda (Criminal Applications No. 10, 12 & 13 of 2023) [2024] UGHCICD 18 (23 April 2024)

Court

HC: International Crimes Division (Uganda)

Case number

Criminal Applications No. 10, 12 & 13 of 2023

Judge

Okalany, J

The court held that the application was improperly before it because the applicants sued 'Uganda', a non-existent party in civil proceedings, instead of the Attorney General. This substantive defect could not be cured by Section 6(5) of the Human Rights (Enforcement) Act, which only addresses procedural or technical defects. Furthermore, the applicants’ affidavits were found to be incurably defective as they were not properly affirmed before a commissioner for oaths using the prescribed statutory language, rendering them inadmissible. Even if these defects were overlooked, the applicants fail…

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• Torture And Inhuman Treatment
• Enforcement Of Human Rights
• Vicarious Liability Of State
• Affidavit Procedure
• Burden Of Proof
• Procedural Defects

Vamee Industries Limited v Commissioner Land Registration & Another

Vamee Industries Limited v Commissioner Land Registration & Another (Civil Appeal 342 of 2022) [2024] UGCA 91 (19 April 2024)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 342 of 2022

Judge

Buteera, DCJ, Bamugemereire, JA, Gashirabake, JA

The Court of Appeal dismissed Vamee Industries’ appeal, holding that its human-rights enforcement motion was really a land claim that should have been brought by ordinary suit.

• Cancellation Of Land Title
• Abuse Of Court Process
• Fair Hearing
• Enforcement Of Human Rights
• Judicial Review
• Remedies For Land Disputes

Validity Foundation v FIDA Uganda & 3 Others

Validity Foundation v FIDA Uganda & 3 Others (Civil Application 264 of 2022) [2024] UGHCCD 68 (25 March 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Application 264 of 2022

Judge

Baguma, J

The High Court refused leave for Validity Foundation to appear as amicus curiae, finding it lacked neutrality and offered no novel legal assistance.

• Amicus Curiae Admission
• Neutrality Of Parties
• Enforcement Of Human Rights
• Public Interest Litigation
• Amicus-curiae
• Civil-procedure

Chebrot v Uganda Wildlife Authority

Chebrot v Uganda Wildlife Authority (Miscellaneous Cause 47 of 2022) [2024] UGHC 92 (22 March 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 47 of 2022

Judge

Lubega, J

The court held that the applicant, as the father of the deceased, has locus standi to bring a claim for wrongful death, but the proper procedure is under the Law Reform (Miscellaneous Provisions) Act, not the Human Rights (Enforcement) Act. The Human Rights (Enforcement) Act does not contemplate enforcement of the right to life for deceased persons, as enforcement presupposes the continued existence of the right-holder. The Law Reform (Miscellaneous Provisions) Act provides a mandatory and exclusive procedure for claims arising out of wrongful death, requiring the action to be brought by plai…

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• Wrongful Death
• Enforcement Of Human Rights
• Locus Standii
• Choice Of Procedure

Kabuleta v Attorney General

Kabuleta v Attorney General (Miscellaneous Cause 8 of 2023) [2023] UGHCCD 414 (11 April 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 8 of 2023

Judge

Baguma, J

The court found that the 32 detainees, though civilians, were charged with unlawful possession of ammunition, an offence making them subject to military law under section 119(1)(h) of the UPDF Act. Supreme Court precedent confirms that civilians can be tried by the General Court Martial for such offences. The detainees are under trial, and some witnesses have testified, making section 190(3) of the UPDF Act inapplicable. The applicant failed to prove that the continued detention was unlawful or unreasonable under the Human Rights Enforcement Act. Consequently, the application for release and…

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• Enforcement Of Human Rights
• Unlawful Detention
• Military Jurisdiction
• Bail Denial

Legal Brains Trust (LBT) Ltd v Attorney General

Legal Brains Trust (LBT) Ltd v Attorney General (Miscellaneous Cause No. 314 of 2021) [2022] UGHCCD 260 (14 December 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 314 of 2021

Judge

Musa Ssekaana, J

The High Court dismissed an application challenging a petroleum transport monopoly arrangement, finding it was framed as public interest litigation and not an individual human-rights claim.

• Public Interest Litigation
• Jurisdiction Of High Court
• Enforcement Of Human Rights
• Abuse Of Court Process
• Public-interest-litigation
• Human-rights-enforcement

Uwonda and Another v Total E and P (U) Limited

Uwonda and Another v Total E and P (U) Limited (Civil Suit No. 13 of 2016) [2021] UGHCCD 176 (21 December 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 13 of 2016

Judge

Byaruhanga Rugyema, J

The High Court held that Section 139(2) of the Petroleum Act did not oust its jurisdiction over a compensation dispute and overruled the preliminary objection.

• Jurisdiction Of High Court
• Compensation For Land And Crops
• Petroleum Activities
• Enforcement Of Human Rights
• Statutory Interpretation
• High-court-jurisdiction