Uganda Case Law

Bugembe v Uganda

Bugembe v Uganda (Criminal Miscellaneous Application 172 of 2024) [2024] UGHCCRD 50 (6 June 2024)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 172 of 2024

Judge

Elubu, J

The court found that the applicant had already been committed to the High Court for trial as per the court records (Session Case No. 303 of 2023). Article 23(6)(c) of the Constitution provides for mandatory bail only if the accused has been on remand for 180 days before committal. Since the applicant was already committed, he no longer qualified for mandatory bail. The application was therefore dismissed as the constitutional threshold for mandatory bail was not met post-committal.

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• Bail Application
• Mandatory Bail
• Remand Periods
• High Court Jurisdiction

Opio v Uganda

Opio v Uganda (Criminal Miscellaneous Application 184 of 2024) [2024] UGHCCRD 49 (6 June 2024)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 184 of 2024

Judge

Elubu, J

The High Court dismissed an application for mandatory bail after finding the applicant had already been committed for trial, so Article 23(6)(c) no longer applied.

• Bail Application
• Mandatory Bail
• Remand Periods
• Trial On Indictments
• High Court Jurisdiction
• Mandatory-bail

Luyima v Uganda

Luyima v Uganda (Criminal Miscellaneous Application 184 of 2024) [2024] UGHCCRD 53 (6 June 2024)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 184 of 2024

Judge

Elubu, J

The applicant was committed to the High Court for trial on 7th June 2023, as confirmed by the court record and database. Article 23(6)(c) of the Constitution provides for mandatory bail only if the accused has been on remand for 180 days before committal. Since the applicant has already been committed, he does not qualify for mandatory bail. The provisions are mandatory and do not permit release after committal. Therefore, the application for mandatory bail fails and is dismissed.

Source excerpt

• Bail Application
• Mandatory Bail
• Remand Periods
• Trial On Indictments
• High Court Jurisdiction

Nyanzi v Uganda

Nyanzi v Uganda (Criminal Miscellaneous Application 194 of 2024) [2024] UGHCCRD 52 (6 June 2024)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 194 of 2024

Judge

Elubu, J

The High Court dismissed an application for mandatory bail because the applicant had already been committed to the High Court for trial.

• Bail
• Mandatory Release
• Remand Periods
• Trial On Indictments
• High Court Jurisdiction
• Mandatory-bail

Serukwaya and Others v Uganda

Serukwaya and Others v Uganda (Criminal Miscellaneous Application No. 19 of 2022) [2023] UGHC 23 (17 January 2023)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application No. 19 of 2022

Judge

Nakachwa, J

The High Court granted mandatory bail to three accused persons after they had spent over 180 days on remand for a murder charge triable only by the High Court.

• Bail
• Pre Trial Remand
• Mandatory Bail
• Sureties
• Personal Liberty
• High Court Jurisdiction

Wettaka Francis v Attorney General

Wettaka Francis v Attorney General (Civil Suit 30 of 2020) [2022] UGHC 110 (1 November 2022)

Court

High Court of Uganda

Case number

Civil Suit 30 of 2020

Judge

Bukirwa, J

The High Court retains unlimited original jurisdiction in all matters, including employment disputes, unless expressly limited by the Constitution. The Employment Act does not oust this jurisdiction. However, territorial jurisdiction is determined by where the cause of action arose. Since the Plaintiff's employment and alleged unlawful termination occurred in Katwe, Kampala, the High Court at Jinja lacks territorial jurisdiction. The proper forum is the High Court at Kampala. Rather than dismissing the suit, the court ordered its transfer to the appropriate court to avoid illegality and ensur…

Source excerpt

• Unlawful Termination
• Territorial Jurisdiction
• Subject Matter Jurisdiction
• Employment Disputes
• High Court Jurisdiction

Lwabayi Mudiba and Another v Electoral Commission

Lwabayi Mudiba and Another v Electoral Commission (Miscellaneous Application 275 of 2018) [2018] UGHCCD 216 (28 May 2018)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 275 of 2018

Judge

Musa Ssekaana, J

The High Court is only vested with appellate jurisdiction in electoral complaints under Article 64 of the Constitution and Section 15 of the Electoral Commission Act. The applicants, having received a decision from the Electoral Commission, were required to appeal that decision rather than seek judicial review. The procedure adopted by the applicants disregards the clear constitutional and statutory provisions confining such complaints to an appellate process. Judicial review is not available where the law provides a specific appellate remedy, and the High Court cannot exercise original juris…

Source excerpt

• Judicial Review Procedure
• Electoral Complaints
• High Court Jurisdiction
• Appellate Vs Original Jurisdiction

Denis Bireje v Attorney General

Denis Bireje v Attorney General (Civil Application No. 31 of 2005) [2006] UGCA 39 (7 September 2006)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 31 of 2005

The Court held that the right of appeal from decisions of the High Court in judicial review proceedings is clearly provided for by sections 10 of the Judicature Act and 66 of the Civil Procedure Act. The orders granted by the High Court in the underlying judicial review proceedings went beyond the prerogative order of certiorari and conclusively determined the rights of the parties, thus amounting to a decree within the meaning of the Civil Procedure Act. As such, an appeal lies as of right to the Court of Appeal. The Court rejected the applicant's argument that no appeal lies, distinguishing…

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• Judicial Review
• Prerogative Orders
• Right Of Appeal
• High Court Jurisdiction