Uganda Case Law

Bushoborozi v Uganda (HCT-01-CV-MC-0011 of 2015)

Bushoborozi v Uganda (HCT-01-CV-MC-0011 of 2015) [2015] UGHCCRD 14 (10 July 2015)

Court

HC: Criminal Division (Uganda)

Case number

HCT-01-CV-MC-0011 of 2015

Judge

Batema, J

The High Court determined that the continued detention of the applicant, who was found not guilty by reason of insanity and subsequently declared mentally stable, without a Minister's order for release, was unconstitutional and a violation of his rights to liberty and fair trial. The court held that judicial power is vested in the courts, not the Minister, and that the law requiring the Minister to issue orders for the release or continued detention of criminal lunatics must be construed in conformity with the Constitution. The absence of a specific procedure does not oust the court's inheren…

Source excerpt

• Insanity Defence
• Detention Pending Ministers Order
• Judicial Powers
• Human Rights Violation

Attorney General v Ostraco Limited

Attorney General v Ostraco Limited (Civil Appeal 32 of 2002) [2005] UGCA 84 (30 June 2005)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 32 of 2002

Judge

Mpagi-Bahigeine, JA, Kitumba, JA, Kavuma, JA

The Court of Appeal held that a judge may construe existing law to conform with the Constitution under article 273, and dismissed the Attorney General’s appeal.

• Modification Of Existing Law
• Government Liability
• Eviction Orders
• Property Rights
• Judicial Powers
• State Immunity