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10 Jan 2025

Constitutional Law [2025] UGCC 1

Serwadda v Attorney General & Another (Consitutional Petition 34 of 2016)

Serwadda v Attorney General & Another (Consitutional Petition 34 of 2016) [2025] UGCC 1 (10 January 2025)

Court: Constitutional Court of Uganda
Case number: Consitutional Petition 34 of 2016
Judge: Buteera, DCJ, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Kihika, JA /JCC, Asa Mugenyi , JA/JCC

The Constitutional Court.s jurisdiction under Article 137 is strictly limited to matters requiring interpretation of the Constitution. The petitioner.s claim sought enforcement of property rights and compensation for alleged violations, but did not present any substantial question of constitutional interpretation. Previous litigation in the High Court addressed the substantive issues, and the present petition was found to be a disguised appeal rather than a genuine constitutional question. The court held that unless resolution of the dispute depends on interpretation of the Constitution, it l…

Source excerpt

Jurisdiction Of Constitutional Court
Interpretation Vs Enforcement
Property Rights Under Constitution
Preliminary Objection
Mandamus And Judicial Review

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7 May 2024

Constitutional Law [2024] UGCC 11

Twase v Attorney General

Twase v Attorney General (Constitutional Petition 45 of 2017) [2024] UGCC 11 (7 May 2024)

Court: Constitutional Court of Uganda
Case number: Constitutional Petition 45 of 2017
Judge: Buteera, DCJ, Bamugemereire, JCC, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC

The Constitutional Court's jurisdiction is strictly limited to matters requiring interpretation of the Constitution. The obligations under Article 4 regarding translation, dissemination, and teaching of the Constitution are clear and unambiguous, requiring no interpretation. The Petitioner seeks enforcement of these obligations, not their interpretation. Therefore, the proper forum for such enforcement is the High Court under Article 50(1), not the Constitutional Court. The petition does not invoke the jurisdiction of the Constitutional Court and must be dismissed.