Uganda Case Law

Nzambimana Edouard Estate v Attorney General of the Republic of Burundi (Refererence No.23 of 2019)

Nzambimana Edouard Estate v Attorney General of the Republic of Burundi (Refererence No.23 of 2019) [2024] EACJ 16 (28 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Refererence No.23 of 2019

Judge

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

The EACJ held that the Nzambimana Edouard Estate had standing, lawfully owned the disputed Burundian land, and was entitled to compensation, damages, and costs.

• Right To Property
• Expropriation Without Compensation
• Locus Standi
• Rule Of Law
• Treaty Violation
• Right-to-property

Paul and Another v Republic of Cote d’Ivoire (Application 019/2020)

Paul and Another v Republic of Cote d’Ivoire (Application 019/2020) [2023] AfCHPR 27 (5 September 2023)

Court

African Court on Human and Peoples Rights

Case number

Application 019/2020

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the Respondent State violated the Applicants' rights under Article 7(1)(d) of the Charter by failing to ensure the execution of a final judgment awarding compensation for expropriated land, resulting in undue delay and non-enforcement. The Court held that the right to be tried within a reasonable time and the right to enforcement of a court decision are integral to the right to a fair trial. The State's inaction, particularly the Prosecutor General's failure to initiate proceedings for over five years, constituted an undue delay and contributed to the non-enforcement of t…

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• Expropriation
• Compensation For Customary Rights
• Enforcement Of Judgments
• Right To Fair Trial
• Moral And Material Reparation

Paul and Another v Republic of Cote D'Ivoire (Application No. 019/2020)

Paul and Another v Republic of Cote D'Ivoire (Application No. 019/2020) [2022] AfCHPR 81 (1 April 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 019/2020

Judge

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

The African Court reopened proceedings after finding doubt over service of the application on Côte d’Ivoire, allowing the State to file a response.

• Expropriation Of Land
• Right To Compensation
• Notification Of Proceedings
• Adversarial Principle
• Reopening-of-proceedings
• Service-of-process

Tivane v Mozambique (Communication 434 of 2012)

Tivane v Mozambique (Communication 434 of 2012) [2017] ACHPR 139 (23 October 2017)

Court

African Commission on Human and Peoples Rights

Case number

Communication 434 of 2012

The African Commission found the communication inadmissible because the complainant did not exhaust available domestic remedies, including a constitutional challenge.

• Right To Property
• Expropriation
• Constitutional Review
• Admissibility Requirements
• Exhaustion Of Local Remedies
• Admissibility

Masenge v A.G. of Republic of Burundi

Masenge v A.G. of Republic of Burundi (Reference 9 of 2012) [2014] EACJ 11 (18 June 2014) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 9 of 2012

Judge

Lenaola JA

The Court found that it has jurisdiction to interpret and apply the Treaty in matters concerning alleged violations of fundamental principles such as good governance and protection of property rights, even where the underlying dispute involves land. The Applicant's possession of a valid land title, issued by the competent authority in Burundi, constitutes conclusive evidence of ownership, and the failure of the Government of Burundi to protect these rights is inconsistent with its obligations under Articles 6(d) and 7(2) of the Treaty. The Court rejected the Respondent's preliminary objection…

Source excerpt

• Property Rights
• Expropriation
• Good Governance
• Rule Of Law
• Human Rights
• Jurisdiction Of Regional Courts