Uganda Case Law

Bukenya Church Ambrose v Attorney General

Bukenya Church Ambrose v Attorney General (Constitutional Petition No. 26 of 2010) [2011] UGCC 5 (20 March 2011)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 26 of 2010

The court held that Article 50(4) of the Constitution expressly vests the mandate to make laws for the enforcement of rights and freedoms in Parliament, not the Rules Committee. The use of the word 'shall' in Article 50(4) makes this a mandatory requirement. The Judicature Act and its rules, including Section 41, empower the Rules Committee to regulate practice and procedure in the Judiciary, but not to make substantive laws for enforcement of rights and freedoms as envisaged under Article 50. Since Parliament has not enacted such a law, the Rules Committee's enactment of S.I. No. 55 of 2008…

Source excerpt

• Enforcement Of Fundamental Rights
• Rule Making Powers
• Judicial Procedure
• Parliamentary Mandate

Rex v Petro and Another (Cr.A. 98/1936.)

Rex v Petro and Another (Cr.A. 98/1936.) [1936] EACA 110 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr.A. 98/1936.

Judge

Bates, J. (Tanganyika), Dalton, C.J(Tanganyika), Hearne, J (Tanganyika), Sheridan CJ

The Court of Appeal for Eastern Africa quashed a murder conviction because an alleged confession was not properly proved and amounted to hearsay.

• Confession Evidence
• Hearsay Rule
• Burden Of Proof
• Judicial Procedure
• Confession-evidence
• Hearsay-rule