Uganda Case Law

Isingoma v Law Development Centre

Isingoma v Law Development Centre (Miscellaneous Cause 344 of 2020) [2024] UGHCCD 123 (12 July 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 344 of 2020

Judge

Douglas Karekona Singiza, J

The court held that while the respondent's affidavit in reply was filed late and without prior permission, the applicant suffered no prejudice as he was able to respond, and substantive justice in human rights matters requires a liberal approach to technicalities. The plea of res judicata was rejected because the previous case between the parties was dismissed on technical grounds and not on its merits. The principle of estoppel was found inapplicable, as exhaustion of internal remedies and repeated failure of examinations do not bar a litigant from seeking enforcement of constitutional right…

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• Right To Fair Hearing
• Equality And Non Discrimination
• Judicial Review Of Administrative Action
• Estoppel
• Res Judicata

Mwiru Paul v National Council for Higher Education, Uganda National Examinations Board & Nathan Samson Igeme Nabeta

Mwiru Paul v National Council for Higher Education, Uganda National Examinations Board & Nathan Samson Igeme Nabeta (Civil Appeal 84 of 2016) [2024] UGCA 340 (22 January 2024)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 84 of 2016

Judge

Monica K. Mugenyi, JA, Mulyagonja, JA, Egonda-Ntende, JA

The Court of Appeal found that the appeal was moot because the certificate of equivalence at issue pertained solely to the 2016 parliamentary elections, which had concluded. The court held that any orders modifying or reversing the certificate would have no practical effect, as the certificate's validity was limited to the concluded electoral cycle. The request for a permanent injunction against future issuance of certificates was also untenable, as the law requires fresh consideration for each election cycle. The appellant did not demonstrate that the public interest exception to the mootnes…

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• Mootness Doctrine
• Judicial Review Of Administrative Action
• Election Qualification Disputes
• Jurisdiction Of High Court

Mwiru v National Council for Higher Education and 2 Others

Mwiru v National Council for Higher Education and 2 Others (Civil Appeal 84 of 2016) [2024] UGCA 4 (22 January 2024)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 84 of 2016

Judge

Egonda-Ntende, JA, Mulyagonja, JA, Monica K. Mugenyi, JA

The Court of Appeal struck out an election-related administrative appeal as moot after the 2016 electoral cycle ended, finding no live dispute remained.

• Mootness Doctrine
• Judicial Review Of Administrative Action
• Equivalence Of Academic Qualifications
• Election Related Certification
• Mootness
• Judicial-review

Kodeih and Another v Republic of Benin (Application No. 008/2020)

Kodeih and Another v Republic of Benin (Application No. 008/2020) [2022] AfCHPR 17 (23 June 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 008/2020

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 Court found that it has material jurisdiction to hear the application as it concerns alleged violations of the Charter. However, the application was declared inadmissible because the applicants failed to exhaust local remedies: they filed the application before the appeal process in the domestic courts was concluded, and did not demonstrate that the remedies were unavailable, ineffective, or unduly prolonged. The applicants' arguments regarding lack of judicial independence and impartiality were rejected due to lack of compelling evidence and because the relevant circumstances arose after…

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• Right To Fair Trial
• Right To Property
• Exhaustion Of Local Remedies
• Judicial Review Of Administrative Action

Nakiryowa and Another v Kiwanuka

Nakiryowa and Another v Kiwanuka (Civil Appeal No. 55 of 2021) [2022] UGHCCD 78 (9 May 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 55 of 2021

Judge

Musa Ssekaana, J

The High Court upheld the suspension of two court bailiffs, finding they had a statutory right of appeal, were heard, and were notified in time.

• Judicial Review Of Administrative Action
• Disciplinary Proceedings
• Right Of Appeal
• Fair Hearing
• Regulatory Powers Of Chief Registrar
• Administrative-law

Game Concepts Limited & Another v National Lotteries & Gaming Regulatory Board & Another

Game Concepts Limited & Another v National Lotteries & Gaming Regulatory Board & Another (Constitutional Petition 51 of 2017) [2021] UGCC 46 (7 December 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 51 of 2017

Judge

Kiryabwire, JCC, Musoke, JCC, Obura, JCC, Monica K. Mugenyi, JCC, Kasule, JCC

The Constitutional Court of Uganda dismissed a challenge to gaming regulations, holding the limits on licensing, fees, capital, and location were justified.

• Economic Rights
• Business Regulation
• Discrimination In Commercial Law
• Licensing Requirements
• Taxation Of Gaming
• Judicial Review Of Administrative Action

Makala v Attorney General of the Republic of Rwanda

Makala v Attorney General of the Republic of Rwanda (Reference No.1 of 2017) [2020] EACJ 23 (18 June 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.1 of 2017

Judge

Mugenyi PJ, Ngiye J, Ntezilyayo DPJ, Nyachae J, Nyawello J

The Court found that it had jurisdiction to determine the Reference under Articles 27(1) and 30(1) of the Treaty, as the acts complained of were attributable to the Republic of Rwanda, a Partner State. However, after reviewing the evidence and the relevant Rwandan legal provisions, the Court held that the applicant's dismissal was effected in accordance with domestic law, specifically under Article 93(5) of Law No. 86/2013, following a restructuring process that eliminated his position. The applicant failed to provide fully conclusive evidence of a clear and notorious injustice or a violation…

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• Public Service Termination
• Judicial Review Of Administrative Action
• Rule Of Law
• Treaty Interpretation

Mayambala and 3 Others v Kampala Capital City Authority

Mayambala and 3 Others v Kampala Capital City Authority (Civil Appeal 31 of 2014) [2020] UGCA 2156 (24 March 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 31 of 2014

Judge

Musoke, JA, Musota, JA, Kasule, Ag. JA

The Court of Appeal held that the respondent had no legal basis to collect the impugned taxi park fees, rendering the collection unlawful. The Constitution obligates courts to ensure victims of such wrongs are compensated, and government agencies are not exempt from refunding illegally collected monies. The trial Judge erred in treating the refund as discretionary; the law provides clear guidance that such refunds must be ordered. The argument that the appellants benefited from services funded by the illegal taxes does not absolve the respondent from its obligation to refund. However, the qua…

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• Judicial Review Of Administrative Action
• Illegal Tax Collection
• Refund Of Unlawful Taxes
• Award Of Costs
• Exercise Of Judicial Discretion
• Compensation For Unlawful Expropriation

Dr. Stella Nyanzi v Attorney General

Dr. Stella Nyanzi v Attorney General (MISCELLANEOUS CAUSE NO. 247 OF 2017) [2019] UGHCCD 221 (16 December 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 247 OF 2017

Judge

Wolayo, J

The court found that the Respondent's officers violated the Applicant's right to leave Uganda under Article 29(2)(b) of the Constitution by preventing her from boarding a flight without a legitimate purpose, as the police directive had been overtaken by her prior compliance with police summons. The interference was unnecessary and not justified by law. The Applicant's right to human dignity and protection from degrading treatment under Articles 24 and 44(a) was also violated when she was separated from other travelers and embarrassed at the airport. However, the court found no violation of he…

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• Freedom Of Movement
• Human Dignity
• Degrading Treatment
• Passport Confiscation
• Judicial Review Of Administrative Action

Union Trade Centre Limited v A.G. of Rwanda (Appeal 1 of 2015)

Union Trade Centre Limited v A.G. of Rwanda (Appeal 1 of 2015) [2015] EACJ 13 (20 November 2015) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 1 of 2015

Judge

Ugirashebuja P

The Appellate Division remitted the reference for a de novo hearing after finding the case had been decided without admissible evidence.

• Judicial Review Of Administrative Action
• Jurisdiction Of Regional Courts
• Procedural Irregularity
• International Responsibility Of States
• Procedural-irregularity
• Affidavit-evidence