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Constitutional Law [2018] EACJ 126

Lukwiya v Attorney General of the Republic of Uganda and Another

Lukwiya v Attorney General of the Republic of Uganda and Another [2018] EACJ 126 (27 November 2018) (First Instance Division)

The Court held that while the Treaty does not require exhaustion of domestic remedies for admissibility of a Reference, and the Applicant had direct access to the East African Court of Justice under Article 30(1), the Reference was time-barred. The Applicant's arrest and detention occurred between 1st July and 4th August 2015, and he was conditionally released on 4th August 2015. The Reference was filed on 27th October 2015, exceeding the two-month limitation period prescribed by Article 30(2) of the Treaty. The Court found no sufficient justification for the delay after the Applicant's condi…

  • Jurisdiction Of Regional Court
  • Exhaustion Of Local Remedies
  • Time Barred Actions
  • Extra Judicial Rendition
  • Human Rights Abuses
  • Interpretation Of Treaty
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