Uganda Case Law

Bashaija and 12 Others v Registered Trustees of the Catholic Diocese of Fortportal

Bashaija and 12 Others v Registered Trustees of the Catholic Diocese of Fortportal (Civil Miscellaneous Application 19 of 2023) [2023] UGHCLD 273 (31 August 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Miscellaneous Application 19 of 2023

Judge

Wagona, J

The court found that the respondent complied with the procedural requirements for taking out summons for directions, and failure by the Registrar to fix the hearing did not result in abatement of the suit. The power of attorney granted to Rev. Fr. Kayondo was sufficiently broad to authorize his actions in the present proceedings. The respondent's plaint disclosed a cause of action, as it pleaded facts which, if proved, would entitle the respondent to judgment regarding ownership and management of the disputed land and project. The applicants' claim of violation of freedom of association was r…

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• Cause Of Action
• Representative Suits
• Freedom Of Association
• Ownership Dispute
• Affidavit Authority

Dabo and Others v Republic of Mali (Application No. 027/2017)

Dabo and Others v Republic of Mali (Application No. 027/2017) [2022] AfCHPR 40 (1 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 027/2017

Judge

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

The African Court held that Mamadou Dabo and others had not exhausted local remedies in Mali, so their human-rights application was declared inadmissible.

• Exhaustion Of Local Remedies
• Collective Labour Disputes
• Arbitral Awards Enforcement
• Right To Be Heard
• Freedom Of Association
• Exhaustion-of-local-remedies

Podiogou and Others v Republic of Mali (Application No. 004/2019)

Podiogou and Others v Republic of Mali (Application No. 004/2019) [2022] AfCHPR 29 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 004/2019

Judge

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

The Court found that the applicants had not exhausted all available and effective local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules of Court. Specifically, the applicants failed to pursue cassation appeals before the Supreme Court in certain domestic proceedings, and in one instance, the Supreme Court's decision post-dated the filing of the application before the African Court, rendering the application premature. The Court reaffirmed that exhaustion of local remedies is assessed at the date of filing and that admissibility requirements are cumulative.…

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• Exhaustion Of Local Remedies
• Trade Union Rights
• Retrenchment Entitlements
• Freedom Of Association
• Labour Contracts
• Judicial Review

Mbowe and Others v Attorney General of the United Republic of Tanzania

Mbowe and Others v Attorney General of the United Republic of Tanzania (Reference No.3 of 2019; Reference No.4 of 2019) [2022] EACJ 4 (25 March 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.3 of 2019 ; Reference No.4 of 2019

Judge

Masara PJ, Ngiye DPJ, Nyachae J, Nyawello J, Wejuli J

The Court found that several provisions of the Political Parties (Amendment) Act No.1 of 2019 failed the three-tier test established in Media Council of Tanzania, namely, they were vague, imprecise, lacked clarity, or imposed unjustifiable and disproportionate restrictions on fundamental rights and freedoms protected by the Treaty. Specifically, sections granting excessive discretionary powers to the Registrar, imposing discriminatory requirements for party registration, and failing to provide adequate safeguards or due process were held to violate Articles 6(d), 7(2), and 8(1)(c) of the Trea…

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• Treaty Obligations
• Freedom Of Association
• Democracy And Good Governance
• Rule Of Law
• Political Party Regulation
• Human Rights

Centre for Constitutional Governance(CGG) V National Bureau for Non Governmental Organisations

Centre for Constitutional Governance(CGG) V National Bureau for Non Governmental Organisations (Miscellaneous Cause No. 374 of 2020) [2021] UGHCCD 62 (30 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 374 of 2020

Judge

Musa Ssekaana, J

The High Court held that the NGO Bureau acted within its mandate in suspending NEW-U and dismissed the judicial review application with no order as to costs.

• Judicial Review
• Ultra Vires Actions
• Natural Justice
• Freedom Of Association
• Regulatory Powers
• Ngo Registration

African Freedom of Expression Exchange & 15 Others (Represented by FOI Attorneys) v Algeria & 27 Others (Communication 742 of 2020)

African Freedom of Expression Exchange & 15 Others (Represented by FOI Attorneys) v Algeria & 27 Others (Communication 742 of 2020) [2021] ACHPR 11 (26 April 2021)

Court

African Commission on Human and Peoples Rights

Case number

Communication 742 of 2020

The African Commission declined to seize a complaint alleging unlawful internet shutdowns across 28 States, finding the allegations too vague and unsupported.

• Freedom Of Expression
• Internet Shutdowns
• Access To Information
• Freedom Of Assembly
• Freedom Of Association
• Internet-shutdowns

Noudehouenou v Republic of Benin (Application No. 003/2020)

Noudehouenou v Republic of Benin (Application No. 003/2020) [2020] AfCHPR 4 (4 December 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2020

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court found that the revision of the Constitution of Benin was adopted without national consensus, as required by Article 10(2) of the ACDEG and recognized in Beninese constitutional jurisprudence. The process excluded opposition and independent candidates, and the National Assembly that enacted the revision was composed solely of members from the ruling party, undermining the representativeness necessary for consensus. The Court held that, since the entire revision process was tainted by this lack of consensus, it was unnecessary to rule separately on the alleged violations of specific r…

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• Constitutional Amendment
• Electoral Rights
• Presumption Of Innocence
• Effective Remedy
• Freedom Of Association
• National Consensus

Noudehouenou v Republic of Benin (Application No. 003/2020)

Noudehouenou v Republic of Benin (Application No. 003/2020) [2020] AfCHPR 31 (25 September 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2020

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Tchikaya J

The African Court granted provisional measures in part, ordering Benin to remove obstacles to the applicant’s candidacy for the 2021 presidential election.

• Electoral Rights
• Right To Participate In Government
• Freedom Of Association
• Freedom Of Expression
• Democratic Governance
• Provisional Measures

Mbowe and Others v Attorney General of the Republic of Tanzania (Application No.2 of 2019)

Mbowe and Others v Attorney General of the Republic of Tanzania (Application No.2 of 2019) [2020] EACJ 24 (17 June 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.2 of 2019

Judge

Mugenyi PJ, Ngiye J, Ntezilyayo DPJ, Nyachae J, Nyawello J

The Court held that while the applicants raised serious triable issues regarding the compatibility of the Political Parties (Amendment) Act, 2019 with the Treaty, they failed to demonstrate that they would suffer irreparable injury not compensable by damages if interim orders were not granted. The applicants' fears of arrest, prosecution, or inability to provide civic education were speculative and not substantiated by evidence of harm that could not be remedied by damages. The Court further found that the balance of convenience did not favor granting the interim orders, as suspending the ope…

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• Freedom Of Association
• Civic Education Regulation
• Interim Injunctions
• Political Parties Legislation

Forum Pour le Renforcement de la Societe Civile and Ors. v A.G. of Burundi and Anor (Application 16 of 2016)

Forum Pour le Renforcement de la Societe Civile and Ors. v A.G. of Burundi and Anor (Application 16 of 2016) [2018] EACJ 31 (23 January 2018) (First Instance Division)

Court

East African Court of Justice

Case number

Application 16 of 2016

Judge

Jundu JA, Mugenyi JA, Ngiye JA, Ntezilyayo JA, Nyawello JA

The East African Court of Justice dismissed civil society applicants’ request for interim orders, finding no proved irreparable injury despite a serious issue on legality.

• Interim Injunctions
• Freedom Of Association
• Ban On Civil Society Organisations
• Burundian National Law Compliance
• Good Governance Principles
• Interim-injunctions