Uganda Case Law

Magoti and Another v Attorney General of the United Republic of Tanzania

Magoti and Another v Attorney General of the United Republic of Tanzania (Reference No.2 of 2020) [2023] EACJ 14 (30 November 2023) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.2 of 2020

Judge

Gacuko J, Masara PJ, Muhumuza J, Nyachae J, Wejuli J

The East African Court of Justice dismissed a challenge to Tanzanian pre-trial detention laws, holding it lacked jurisdiction ratione temporis under Article 30(2) and non-retroactivity.

• Treaty Interpretation
• Jurisdiction Ratione Temporis
• Pre Trial Detention
• Non Retroactivity
• Human Rights Obligations
• Jurisdiction-ratione-temporis

Human Rights Awareness and Promotion Forum v A.g of Uganda and Anor

Human Rights Awareness and Promotion Forum v A.g of Uganda and Anor (Reference 6 of 2014) [2016] EACJ 133 (27 September 2016) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 6 of 2014

Judge

Jundu JA, Mugenyi JA, Ntezilyayo JA

The Court held that the Reference was moot because the Anti-Homosexuality Act, which formed the substratum of the dispute, had been struck down by the Constitutional Court of Uganda, leaving no live controversy or actionable grievance. The reliefs sought were declarations regarding provisions of a nullified law, which had been overtaken by events and were no longer relevant. The Applicant's attempt to invoke the public interest exception to mootness failed, as the Court found insufficient proof that the subject matter was of general public importance to a sufficiently large section of the Uga…

Source excerpt

• Mootness Doctrine
• Public Interest Exception
• Human Rights Obligations
• Legislative Function
• Rule Of Law
• Access To Health Services

Democratic Party v Secretary General of the East African Community and Ors.

Democratic Party v Secretary General of the East African Community and Ors. (Reference 2 of 2012) [2013] EACJ 135 (29 November 2013) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 2 of 2012

Judge

Arach-Amoko JA, Butasi JA, Lenaola JA, Mkwawa JA, Ntezilyayo JA

The East African Court of Justice dismissed a challenge to Partner States’ failure to file Article 34(6) declarations, holding the issue lay outside the Treaty’s enforceable obligations.

• Treaty Interpretation
• Access To Justice
• Human Rights Obligations
• Jurisdiction Of Regional Courts
• Treaty-interpretation
• Jurisdiction

Sebalu v Secretary General of East African Community and Others

Sebalu v Secretary General of East African Community and Others (Reference No. 1 of 2010) [2011] EACJ 6 (30 June 2011) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No. 1 of 2010

Judge

Arach-Amoko DPJ, Busingye PJ, Butasi J, Kubo J, Mkwawa J

The Court found that the Applicant had a valid cause of action under the Treaty, as the Reference alleged infringement of Treaty provisions by the 1st and 2nd Respondents. Article 27 does not confer appellate jurisdiction on the EACJ over decisions of national courts; such jurisdiction requires a protocol, which has not been concluded. The 1st and 2nd Respondents failed to fully discharge their obligations regarding the protocol to operationalise extended jurisdiction, as evidenced by prolonged delays and lack of substantive progress. The delay contravenes the principles of good governance, d…

Source excerpt

• Treaty Interpretation
• Regional Integration
• Good Governance
• Judicial Review
• Appellate Jurisdiction
• Human Rights Obligations

Association Pour La Sauvegarde De La Paix Au Burundi v Tanzania and Others (Communication 157 of 1996)

Association Pour La Sauvegarde De La Paix Au Burundi v Tanzania and Others (Communication 157 of 1996) [2003] ACHPR 40 (29 May 2003)

Court

African Commission on Human and Peoples Rights

Case number

Communication 157 of 1996

The African Commission held that regional sanctions imposed on Burundi after the 1996 coup did not violate the African Charter, and found the respondent states not guilty.

• Economic Embargo
• State Sovereignty
• Regional Sanctions
• Human Rights Obligations
• International Intervention
• Economic-sanctions