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Uganda decisions
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Magumba Halid v Muduawulira Appophia and Bituli Sam (Miscellaneous Application 74 of 2025) [2025] UGHC 507 (30 April 2025)
The High Court granted a transfer of execution proceedings from the Chief Magistrate’s Court of Jinja after delay and alleged bias were raised, finding the interests of justice required it.
Chepkwony v Attorney General of the Republic of Kenya (Application No.19 of 2023) [2024] EACJ 4 (27 March 2024) (First Instance Division)
The Court held that the Applicant failed to establish any reasonable basis for the recusal of Justice Charles Nyachae. The allegations of bias and conflict of interest were unsupported by evidence and amounted to mere speculation. The timing of the application, coming after the Reference had been heard and concluded, suggested an abuse of court process rather than a genuine concern for impartiality. The Court reaffirmed that recusal requires a demonstrable and reasonable apprehension of bias, assessed from the perspective of a fair-minded and informed observer. The Applicant did not provide f…
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Sunday v Uganda (Criminal Miscellaneous Application 29 of 2923) [2023] UGHCCRD 187 (9 November 2023)
The High Court found that the trial magistrate presided over an irregular and coercive process by compelling the applicant to make substantial payments before the determination of criminal charges, under threat of denial of bail and harsh judgment. The charge sheet was defective as the particulars did not match the stated offence, leading to a miscarriage of justice. The proceedings improperly converted a civil loan dispute into criminal charges of theft and obtaining money by false pretences, contrary to the evidence and the nature of the transaction. The purported reconciliation was irregul…
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Male Mabirizi v Attorney General (Miscellaneous Application No. 915 of 2021) [2022] UGHCCD 51 (27 January 2022)
The court held that the applicant failed to demonstrate that the proposed question for reference to the Constitutional Court depended on the interpretation or construction of the cited constitutional provisions. The application did not show any controversy, uncertainty, or ambiguity in Articles 28(1), 44(c), 144(2), or 147(1)(d) of the Constitution that would necessitate interpretation by the Constitutional Court. The court emphasized that the mere request by a party does not obligate the High Court to refer a question unless it involves a substantial constitutional issue requiring interpreta…
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In Re: Application for recusal of Hon. Justice Alfonse Chigamoy Owiny-Dollo - CJ (Miscellaneous Application 3 of 2021) [2021] UGSC 67 (17 March 2021)
The Supreme Court of Uganda dismissed an application seeking the recusal of the Chief Justice from the presidential election petition and to nullify earlier proceedings.
Mlama and Others v United Republic of Tanzania [2020] AfCHPR 26 (25 September 2020)
The Court found that the Applicants' conviction was not based on partial evaluation of evidence or judicial bias, as there was no substantiated demonstration of bias and the appellate courts confirmed the conviction. The offences for which the Applicants were convicted were defined in the Penal Code at the time, and judicial interpretation to include sexual exploitation involving an animal was within reasonable discretion and foreseeable. The denial of bail was justified by the need to protect the minor victim and was lawful under the Criminal Procedure Act. The Applicants' claim that the Pen…
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Odera v Laker-Oboni (Civil Appeal No. 2 of 2015) [2020] UGHC 95 (22 May 2020)
High Court civil appeal over a land boundary dispute dismissed. The court held that visible boundary monuments prevailed over measurements and found no bias.
Otto Francis & 7 Others v Orach Owiny (Civil Appeal No. 47 of 2017) [2019] UGHC 76 (26 November 2019)
The High Court ordered a retrial in a land appeal after finding the record of the locus in quo incomplete and insufficient to sustain the original decision.
Okeny v Okun & Another (Civil Appeal No. 60 of 2017) [2019] UGHC 46 (29 August 2019)
High Court dismissed a land appeal, holding the sub-county could not allocate land it did not own and that the appellant had no good-faith basis for title.
Akena v Ayaa (Civil Appeal No. 49 of 2016) [2019] UGHC 34 (29 August 2019)
The High Court upheld a finding that the respondent owned disputed land by gift from her brothers, rejected bias complaints, and dismissed the appeal with costs.
