Uganda Case Law

Semakula & 3 Others v Uganda

Semakula & 3 Others v Uganda (Criminal Revision 40 of 2023) [2024] UGHCCRD 55 (21 August 2024)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Revision 40 of 2023

Judge

Gadenya, J

The High Court has revisionary jurisdiction over magistrates' courts under the Criminal Procedure Code Act and Judicature Act. Buganda Road Chief Magistrates Court possesses territorial jurisdiction to try Criminal Case No. 0424 of 2023 because some offences were committed within its geographical boundaries and section 37 of the Magistrates Courts Act allows trial where offences are committed partly in multiple areas. However, since the criminal case and the pending civil suit (HCCS No. 25 of 2023) arise from the same subject matter—the alleged forgery of a will—and involve overlapping partie…

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• Territorial Jurisdiction
• Stay Of Proceedings
• Revisionary Powers
• Forum Shopping
• Concurrent Civil And Criminal Proceedings

Ditai and Another v Professor Florence Mirembe

Ditai and Another v Professor Florence Mirembe (Civil Suit 358 of 2021) [2023] UGHCCD 132 (5 May 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 358 of 2021

Judge

Adonyo, J

The High Court dismissed a civil suit for abuse of court process, finding that similar proceedings had been filed over the same dispute and that the matter was brought in the wrong forum.

• Abuse Of Court Process
• Jurisdiction
• Multiplicity Of Suits
• Forum Shopping
• Abuse-of-court-process
• Multiplicity-of-suits

Male Mabirizi v Attorney General

Male Mabirizi v Attorney General (Miscellaneous Application No. 21 of 2022) [2022] UGHCCD 52 (27 January 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 21 of 2022

Judge

Musa Ssekaana, J

The High Court declined to stay proceedings pending an EACJ reference on recusal, holding that the treaty does not create an automatic stay and dismissed the application with costs.

• Stay Of Proceedings
• Judicial Recusal
• Abuse Of Process
• Forum Shopping
• Stay-of-proceedings
• Judicial-recusal

Masaba v Tororo Archdiocese (Labour Dispute Reference No. 189 of 2015)

Masaba v Tororo Archdiocese (Labour Dispute Reference No. 189 of 2015) [2018] UGIC 10 (6 July 2018)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference No. 189 of 2015

The Industrial Court of Uganda overruled a preliminary objection, holding that a labour complaint filed at Mbale was not void for lack of geographical jurisdiction.

• Jurisdiction Of Labour Officer
• Forum Shopping
• Employment Termination
• Administrative Boundaries
• Labour-officer-jurisdiction
• Forum-shopping

Nilefos Minerals Limited V Attorney General & Another (MISC. CAUSE NO. 29 OF 2018)

Nilefos Minerals Limited V Attorney General & Another (MISC. CAUSE NO. 29 OF 2018) [2018] UGHCCD 143 (19 January 2018)

Court

HC: Civil Division (Uganda)

Case number

MISC. CAUSE NO. 29 OF 2018

Judge

Mugambe, J

The High Court dismissed a judicial review application challenging a mining lease grant, holding the matter was forum shopping because it duplicated earlier litigation.

• Judicial Review
• Certiorari
• Prohibition
• Forum Shopping
• Mining Lease Disputes
• Judicial-review

Alcon International Limited v Standard Charted Bank of Uganda and Others

Alcon International Limited v Standard Charted Bank of Uganda and Others (Reference 6 of 2010) [2011] EACJ 7 (28 August 2011) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 6 of 2010

The Reference is improperly before the East African Court of Justice as against all Respondents because the Claimant is directly involved in ongoing proceedings in the courts of Uganda concerning the same subject matter. The Court found that under Article 30 of the Treaty, only Partner States or Institutions of the East African Community may be joined in such References, and the First Respondent, a private company, does not qualify. The Court further held that the extended jurisdiction under Article 27(2) has not been operationalised by a protocol, and even if it had, the Reference would stil…

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• Jurisdiction Of Regional Court
• Forum Shopping
• Exhaustion Of Local Remedies
• Parallel Proceedings
• Enforcement Of Arbitral Awards

Kalinabiri v Kalule

Kalinabiri v Kalule (Civil Appeal No. 19 of 2010) [2011] UGHC 87 (5 July 2011)

Court

High Court of Uganda

Case number

Civil Appeal No. 19 of 2010

Judge

Aweri, J

The appeal was dismissed because the affidavit in support of the application was defective to the extent that the deponent lacked authority to swear on behalf of another defendant, but was acceptable as far as it referred to the deponent himself. Allegations of fraud were not specifically pleaded or proved as required by law, rendering them speculative and not actionable. The application for stay of proceedings was properly refused since the High Court suit had been dismissed and there was no pending matter to justify a stay. The trial magistrate had jurisdiction, and objections raised after…

Source excerpt

• Stay Of Proceedings
• Affidavit Defects
• Jurisdiction Of Magistrate
• Forum Shopping
• Fraud Pleading
• Declaratory Orders