Uganda Case Law

Dicko and Others v Faso (Application No. 037/2020)

Dicko and Others v Faso (Application No. 037/2020) [2024] AfCHPR 25 (13 November 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 037/2020

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the Applicants did not exhaust local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules. Although the Applicants petitioned the Constitutional Council, the Council dismissed their challenge on procedural grounds, indicating that constitutional review of enacted laws must be brought before ordinary courts in the context of a pending case. The Applicants did not pursue this avenue. The Court reiterated that exhaustion of local remedies is a cumulative admissibility requirement and, since it was not met, the Application was declared inadmissi…

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• Electoral Code Amendment
• Right To Participate In Elections
• Exhaustion Of Local Remedies
• Constitutional Review
• Jurisdiction Of Regional Court

Juba Airport City Park Limited v Attorney General of the Republic of South Sudan

Juba Airport City Park Limited v Attorney General of the Republic of South Sudan (Reference No.17 of 2020) [2024] EACJ 2 (26 March 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.17 of 2020

Judge

Gacuko J, Masara PJ, Muhumuza J, Nyachae J, Nyawello DPJ

The Court found that it lacked jurisdiction to entertain the Reference because the impugned acts occurred in 2011, before South Sudan became a member of the East African Community in 2016. The principle of non-retrospectivity of treaties precludes the application of the Treaty to acts predating membership. Furthermore, the Applicant was aware of the expropriation since 2011, as evidenced by its own pleadings and affidavit, and thus failed to file the Reference within the two-month limitation period prescribed by Article 30(2) of the Treaty. The Applicant's reliance on lack of knowledge was un…

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• Jurisdiction Of Regional Court
• Time Limitation
• Non Retrospectivity Of Treaty
• Expropriation Of Land
• Admission To Eac
• Procedural Compliance

Mtega and Another v United Republic of Tanzania (Application No. 009/2019)

Mtega and Another v United Republic of Tanzania (Application No. 009/2019) [2023] AfCHPR 51 (26 July 2023)

Court

African Court on Human and Peoples Rights

Case number

Application No. 009/2019

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court dismissed a request for provisional measures in an application by two Tanzanian prisoners, finding no showing of urgency or irreparable harm.

• Right To Dignity
• Recognition Of Legal Status
• Provisional Measures
• Jurisdiction Of Regional Court
• Provisional-measures
• Jurisdiction

Hussein v United Republic of Tanzania (Application No. 001/2018)

Hussein v United Republic of Tanzania (Application No. 001/2018) [2023] AfCHPR 7 (11 February 2023)

Court

African Court on Human and Peoples Rights

Case number

Application No. 001/2018

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court determined that it has prima facie jurisdiction to consider the application for provisional measures, as the alleged violations concern rights protected under the African Charter and the Protocol, to which the Respondent State is a party. Given the Applicant's sentence of death and the risk of irreparable harm to his rights under Articles 3(2) and 7(1)(c) of the Charter, the Court found that the circumstances warranted the issuance of provisional measures. The Court exercised its powers under Article 27(2) of the Protocol to order a stay of execution of the death sentence pending de…

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• Death Penalty
• Right To Fair Trial
• Provisional Measures
• Jurisdiction Of Regional Court

Luc and Others v Attorney General of Republic of Uganda

Luc and Others v Attorney General of Republic of Uganda (Reference No. 18 of 2018) [2022] EACJ 33 (30 November 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No. 18 of 2018

Judge

Masara PJ, Muhumuza JA, Nyawello JA, Wejuli JA

The EACJ held that the Reference was filed outside the two-month limit under Article 30(2) of the Treaty and dismissed it as time barred.

• Jurisdiction Of Regional Court
• Time Limitation Of Actions
• Treaty Violation
• Human Rights Enforcement
• Eacj-jurisdiction
• Time-limitation

Kyomuhendo v Attorney General of the Republic of Uganda and Others (Application No.11 of 2020)

Kyomuhendo v Attorney General of the Republic of Uganda and Others (Application No.11 of 2020) [2022] EACJ 2 (5 April 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.11 of 2020

Judge

Masara PJ, Muhumuza J, Ngiye DPJ, Nyachae J, Wejuli J

The Court affirmed its jurisdiction to interpret and apply the Treaty in respect of actions by Partner States and Community institutions, but found that the Democratic Republic of Congo, not being a member of the East African Community at the time, was not bound by the Treaty and could not be properly sued. The Applicant established a serious triable issue regarding interpretation of Treaty provisions, but failed to demonstrate irreparable injury to himself or to the detainees, who were not parties to the case. The Court held that the orders sought would not provide effective relief and that…

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• Jurisdiction Of Regional Court
• Interim Injunctions
• Admission Of Member States
• Human Rights Compliance
• Separation Of Powers

M/S Quick Telecommunication Services v Attorney General of the United Republic of Tanzania (Application No.7 of 2019)

M/S Quick Telecommunication Services v Attorney General of the United Republic of Tanzania (Application No.7 of 2019) [2022] EACJ 9 (21 March 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.7 of 2019

Judge

Ngiye DPJ, Nyachae J, Nyawello J

The Court dismissed an application to review its earlier judgment, holding that the applicant raised appeal-type grievances rather than a manifest error on the face of the record.

• Review Of Judgment
• Error On Face Of Record
• Right To Fair Trial
• Costs Award
• Jurisdiction Of Regional Court
• Review-of-judgment

GT Enterprise Trading Ltd v Attorney General of the Republic of Burundi

GT Enterprise Trading Ltd v Attorney General of the Republic of Burundi (Reference No.3 of 2018) [2021] EACJ 9 (8 October 2021) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.3 of 2018

Judge

Mugenyi PJ, Nyachae J, Nyawello J

The Court held that while Article 30 of the Treaty does not require exhaustion of local remedies before approaching the EACJ, it imposes a strict two-month limitation period for bringing a Reference from the date the complainant becomes aware of the impugned act. The Applicant became aware of the penalty imposed by the Office of the Tea of Burundi on 5 June 2013 but filed the Reference on 24 January 2018, well outside the prescribed period. The Court found no enabling provision in the Treaty to disregard or extend this time limit, nor any recognition of a continuing breach exception. As such,…

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• Public Procurement Penalties
• Contractual Time Bar
• Exhaustion Of Local Remedies
• Jurisdiction Of Regional Court

Lukwiya v Attorney General of the Republic of Uganda and Another

Lukwiya v Attorney General of the Republic of Uganda and Another [2018] EACJ 126 (27 November 2018) (First Instance Division)

Court

East African Court of Justice

Judge

Jundu JA, Mugenyi PJ, Ntezilyayo DPJ

The Court held that while the Treaty does not require exhaustion of domestic remedies for admissibility of a Reference, and the Applicant had direct access to the East African Court of Justice under Article 30(1), the Reference was time-barred. The Applicant's arrest and detention occurred between 1st July and 4th August 2015, and he was conditionally released on 4th August 2015. The Reference was filed on 27th October 2015, exceeding the two-month limitation period prescribed by Article 30(2) of the Treaty. The Court found no sufficient justification for the delay after the Applicant's condi…

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• Jurisdiction Of Regional Court
• Exhaustion Of Local Remedies
• Time Barred Actions
• Extra Judicial Rendition
• Human Rights Abuses
• Interpretation Of Treaty

Ngendakumana v A.G. of Republic of Burundi

Ngendakumana v A.G. of Republic of Burundi (Reference 11 of 2014) [2015] EACJ 108 (27 November 2015) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 11 of 2014

Judge

Mugenyi JA

The EACJ held that it had limited Treaty jurisdiction but struck out the Reference as time-barred under Article 30(2), with no order as to costs.

• Right To Be Heard
• Jurisdiction Of Regional Court
• Limitation Periods
• Administrative Decisions
• Property Disputes
• East-african-court-of-justice