Uganda Case Law

XYZ v Republic of Benin (Application No. 058/2019)

XYZ v Republic of Benin (Application No. 058/2019) [2025] AfCHPR 22 (26 June 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 058/2019

Judge

Aboud J, Adjei J, Anukam J, Ben Achour J, Bensaoula VP, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko P, Tchikaya J

The Court found that the applicant did not exhaust available local judicial remedies, specifically a constitutional challenge before the Constitutional Court of Benin, prior to filing the application. The applicant's arguments regarding persecution, lack of judicial independence, and the effect of a prior constitutional challenge by another citizen were dismissed for lack of evidence and legal merit. The Court reiterated that the requirement to exhaust local remedies is assessed at the time the application is lodged, and subsequent developments do not absolve the applicant of this obligation.…

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• Exhaustion Of Local Remedies
• Right To Effective Remedy
• Judicial Independence
• Admissibility Requirements
• Jurisdiction Of Regional Courts

XYZ v Republic of Benin (Application No. 009/2020)

XYZ v Republic of Benin (Application No. 009/2020) [2025] AfCHPR 26 (26 June 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 009/2020

Judge

Aboud J, Adjei J, Anukam J, Ben Achour J, Bensaoula VP, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko P, Tchikaya J

The Court held that it has material, personal, temporal, and territorial jurisdiction to hear the application, as the alleged violations concern rights protected by the Charter and the application was filed before the respondent State's withdrawal of its Article 34(6) Declaration took effect. However, the Court found the application inadmissible for failure to exhaust local remedies. The applicant did not seize the Constitutional Court of Benin, which is an available and effective remedy for constitutional and human rights claims, including challenges to the Amnesty Law. The Court reiterated…

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• Right To Life
• Right To Dignity
• Right To Fair Hearing
• Amnesty Laws
• Exhaustion Of Local Remedies

Jogoo v United Republic of Tanzania (Application No. 014/2018)

Jogoo v United Republic of Tanzania (Application No. 014/2018) [2025] AfCHPR 20 (26 June 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 014/2018

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula VP, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko P, Tchikaya J

The African Court held that the application was inadmissible because the applicant failed to exhaust local remedies in Tanzania, despite the Court finding it had jurisdiction.

• Exhaustion Of Local Remedies
• Deportation Orders
• Prohibited Immigrant Status
• Right To Fair Trial
• Property Rights
• Non Discrimination

Traore and Another v Republic of Mali (Application No. 020/2018)

Traore and Another v Republic of Mali (Application No. 020/2018) [2025] AfCHPR 25 (26 June 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 020/2018

Judge

Aboud J, Adjei J, Anukam J, Ben Achour J, Bensaoula VP, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Tchikaya J

The African Court found no violation of equality before the law or the right to be heard in a dispute over police promotion and training in Mali.

• Public Service Promotion
• Equality Before Law
• Non Discrimination
• Exhaustion Of Local Remedies
• Right To Be Heard
• Equality-before-law

Soro and Others v Republic of Cote D'Ivoire (Application No. 012/2020)

Soro and Others v Republic of Cote D'Ivoire (Application No. 012/2020) [2025] AfCHPR 24 (26 June 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 012/2020

Judge

Aboud J, Adjei J, Anukam J, Ben Achour J, Bensaoula VP, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko P, Tchikaya J

The African Court held it had jurisdiction but declared the application inadmissible because the applicants had not exhausted local remedies.

• Right To Fair Trial
• Exhaustion Of Local Remedies
• Equality Before The Law
• Right To Liberty And Security
• Freedom Of Movement
• Family Rights

Fory v Republic of Côte D'ivoire (Application No. 004/2021)

Fory v Republic of Côte D'ivoire (Application No. 004/2021) [2025] AfCHPR 8 (5 February 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 004/2021

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court held that it had jurisdiction over the application, but declared it inadmissible because the applicant had not exhausted local remedies.

• Exhaustion Of Local Remedies
• Right To Fair Trial
• Admissibility Requirements
• Jurisdiction Of Regional Courts
• Exhaustion-of-local-remedies
• Admissibility-of-applications

Noudehouenou v Republic of Benin (Ruling) (Application No. 020/2020)

Noudehouenou v Republic of Benin (Ruling) (Application No. 020/2020) [2025] AfCHPR 12 (5 February 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 020/2020

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that it has material jurisdiction to hear the application because the applicant alleged violations of rights protected by the Charter and other human rights instruments ratified by Benin, and the application was filed before the withdrawal of Benin's declaration took effect. However, the Court held that the application was inadmissible due to non-exhaustion of local remedies. In the SBEE case, the applicant failed to demonstrate that the appeal proceedings were unduly prolonged or that he took necessary steps to obtain the judgment, and did not pursue the available remedy befo…

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• Exhaustion Of Local Remedies
• Material Jurisdiction
• Right To Fair Trial
• Contractual Disputes
• Judicial Review
• Admissibility Requirements

Ange v Republic of Côte D’ivoire (Ruling) (Application No. 034/2019)

Ange v Republic of Côte D’ivoire (Ruling) (Application No. 034/2019) [2025] AfCHPR 14 (5 February 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 034/2019

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court held that N'Guessan Yao Ange's application was inadmissible for failure to exhaust local remedies, despite confirming its jurisdiction.

• Right To Fair Trial
• Exhaustion Of Local Remedies
• Legal Assistance
• Proportionality Of Punishment
• Exhaustion-of-local-remedies
• Admissibility

Ayed v Tunisian Republic (Application No. 008/2019)

Ayed v Tunisian Republic (Application No. 008/2019) [2025] AfCHPR 10 (5 February 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 008/2019

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the applicant did not exhaust available local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules of Court. Tunisian law provides the applicant with avenues to initiate proceedings as an injured party if the Public Prosecutor fails to act, either by requesting an investigation or by direct summons before the court. The applicant neither completed criminal proceedings nor initiated civil proceedings before national courts, rendering the application premature. The Court held that the requirement to exhaust local remedies is a prerequisite for…

Source excerpt

• Exhaustion Of Local Remedies
• Right To Fair Trial
• Right To Non Discrimination
• Access To Public Services
• Judicial Independence

Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.36 of 2022)

Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.36 of 2022) [2024] EACJ 9 (26 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.36 of 2022

Judge

Gacuko J, Kasanda J, Masara PJ, Muhumuza J, Wejuli J

The EACJ held it had jurisdiction over a Treaty-based reference but dismissed interim relief because the Applicant failed to show irreparable harm.

• Jurisdiction Of Regional Courts
• Exhaustion Of Local Remedies
• Interim Injunctions
• Treaty Interpretation
• East-african-court-of-justice
• Jurisdiction