Uganda Case Law

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

Mseto and Another v Attorney General of Tanzania

Mseto and Another v Attorney General of Tanzania (Reference 7 of 2016) [2018] EACJ 44 (21 June 2018) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 7 of 2016

Judge

Jundu JA, Lenaola JA, Mugenyi JA, Ngiye JA, Ntezilyayo JA

The Court found that the Minister's order banning Mseto was issued without adequate reasons, failed to establish how the publication specifically violated public interest, peace, or good order, and did not afford the Applicants a reasonable opportunity to respond. The order was found to be arbitrary, disproportionate, and not anchored in law as required by both the EAC Treaty and international human rights standards. The Court held that while freedom of expression and press freedom are not absolute, any restriction must be lawful, necessary, and proportionate. The Respondent failed to demonst…

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• Freedom Of Expression
• Press Freedom
• Administrative Action
• Good Governance
• Rule Of Law
• Human Rights

Mpozayo v A.G. of Rwanda

Mpozayo v A.G. of Rwanda (Reference 10 of 2014) [2016] EACJ 132 (28 September 2016) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 10 of 2014

Judge

Jundu JA, Lenaola JA, Mugenyi JA, Ngiye JA, Ntezilyayo JA

The Court held that the Reference disclosed a cause of action under Article 30(1) of the Treaty, as the Applicant alleged violations of good governance, rule of law, and human rights. The Court found that the limitation period prescribed by Article 30(2) was satisfied for both causes of action: (1) the claim for compensation for arbitrary arrest and detention, which accrued upon the certification of no appeal dated 5th June 2014, and (2) the challenge to the appellate court's confirmation of provisional detention, which was premised on the judgment of 5th May 2014. The Reference was filed wit…

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• Treaty Interpretation
• Limitation Periods
• Cause Of Action
• Arbitrary Detention
• Good Governance
• Human Rights

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…

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

International Pen v Chad (Communication 55 of 1991)

International Pen v Chad (Communication 55 of 1991) [1995] ACHPR 8 (22 March 1995)

Court

African Commission on Human and Peoples Rights

Case number

Communication 55 of 1991

The African Commission closed a false-imprisonment communication after the prisoner was reportedly released or had died, leaving no live dispute.

• Human Rights
• False Imprisonment
• Withdrawal Of Communication
• Human-rights
• False-imprisonment
• Withdrawal-of-communication

International PEN v Malawi (Communication 42 of 1990)

International PEN v Malawi (Communication 42 of 1990) [1990] ACHPR 7 (28 April 1990)

Court

African Commission on Human and Peoples Rights

Case number

Communication 42 of 1990

The African Commission held International PEN’s communication against Malawi inadmissible because Malawi was not a state party to the African Charter.

• Human Rights
• Admissibility Of Communications
• State Party Status
• Human-rights
• Admissibility-of-communications
• State-party-status