Uganda Case Law

Adelakoun and Others v Republic of Benin (Application No. 012/2021)

Adelakoun and Others v Republic of Benin (Application No. 012/2021) [2023] AfCHPR 48 (4 December 2023)

Court

African Court on Human and Peoples Rights

Case number

Application No. 012/2021

Judge

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

The Court found that the Applicants failed to exhaust available local remedies, specifically the remedy before the Constitutional Court of Benin, which is considered effective and expeditious. The Applicants' arguments regarding delays and lack of impartiality were unsubstantiated and did not demonstrate that local remedies were unavailable or ineffective. As exhaustion of local remedies is a mandatory admissibility requirement under Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, and the Applicants did not meet this requirement, the Court declared the application inadmissible. T…

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• Freedom Of Expression
• Internet Shutdown
• Exhaustion Of Local Remedies
• Admissibility Requirements

Unwanted Witness (U) Ltd v Attorney General and 4 Others

Unwanted Witness (U) Ltd v Attorney General and 4 Others (Miscellaneous Cause No. 50 of 2021) [2022] UGHCCD 228 (24 October 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 50 of 2021

Judge

Musa Ssekaana, J

The application was found to be improperly before the High Court as it sought constitutional interpretation and enforcement of fundamental rights in public interest, which must be filed in the Constitutional Court under Article 137 and the relevant enforcement procedure rules. The issues raised had already been determined in a previous constitutional petition, and the applicant was attempting to re-litigate matters that had been finally adjudicated. The applicant failed to demonstrate locus standi to bring the application on behalf of persons unable to act in their own name, and the procedure…

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• Internet Shutdown
• Freedom Of Expression
• Public Interest Litigation
• Locus Standi
• Jurisdiction
• Abuse Of Process

Adelakoun and Others v Republic of Benin (Application No. 012/2021)

Adelakoun and Others v Republic of Benin (Application No. 012/2021) [2022] AfCHPR 2 (24 March 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 012/2021

Judge

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

The African Court dismissed an application for provisional measures after finding no sufficient proof of urgency, extreme gravity, or irreparable harm.

• Freedom Of Expression
• Internet Shutdown
• Provisional Measures
• Human Rights Protection
• Provisional-measures
• Freedom-of-expression