Uganda Case Law

XYZ v Republic of Benin (Application No. 058/2019)

XYZ v Republic of Benin (Application No. 058/2019) [2025] AfCHPR 22 (26 June 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 058/2019

Judge

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

The Court found that the applicant did not exhaust available local judicial remedies, specifically a constitutional challenge before the Constitutional Court of Benin, prior to filing the application. The applicant's arguments regarding persecution, lack of judicial independence, and the effect of a prior constitutional challenge by another citizen were dismissed for lack of evidence and legal merit. The Court reiterated that the requirement to exhaust local remedies is assessed at the time the application is lodged, and subsequent developments do not absolve the applicant of this obligation.…

Source excerpt

• Exhaustion Of Local Remedies
• Right To Effective Remedy
• Judicial Independence
• Admissibility Requirements
• Jurisdiction Of Regional Courts

Ogwuche and Others v Republic of Cote D'Ivoire and Others (Application No. 005/2024)

Ogwuche and Others v Republic of Cote D'Ivoire and Others (Application No. 005/2024) [2025] AfCHPR 19 (17 June 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 005/2024

Judge

Aboud J, Ben Achour J, Bensaoula VP, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Tchikaya J

The African Court struck out non-qualifying parties, held that only six respondent States met jurisdictional requirements, and renamed the application accordingly.

• Jurisdiction Of Regional Courts
• Admissibility Requirements
• Exhaustion Of Domestic Remedies
• Observer Status Of Ngos
• Personal Jurisdiction
• Striking Out Parties

Suleiman v African Union and African Union Commission (Ruling) (Application No. 014/2024)

Suleiman v African Union and African Union Commission (Ruling) (Application No. 014/2024) [2025] AfCHPR 5 (12 February 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 014/2024

Judge

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

The African Court held that it lacked jurisdiction over an application against the African Union and its Commission, because they are not State Parties to the Protocol.

• Jurisdiction Of Regional Courts
• Standing In Public Interest Litigation
• Rights Of Participation In Governance
• Jurisdiction
• Regional-human-rights-courts
• Public-interest-litigation

Fory v Republic of Côte D'ivoire (Application No. 004/2021)

Fory v Republic of Côte D'ivoire (Application No. 004/2021) [2025] AfCHPR 8 (5 February 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 004/2021

Judge

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

The African Court held that it had jurisdiction over the application, but declared it inadmissible because the applicant had not exhausted local remedies.

• Exhaustion Of Local Remedies
• Right To Fair Trial
• Admissibility Requirements
• Jurisdiction Of Regional Courts
• Exhaustion-of-local-remedies
• Admissibility-of-applications

Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.37 of 2022)

Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.37 of 2022) [2024] EACJ 10 (26 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.37 of 2022

Judge

Gacuko J, Kasanda J, Masara PJ, Muhumuza J, Wejuli J

The East African Court of Justice dismissed an application and underlying reference for lack of jurisdiction, holding that the African Charter and African Commission issues fell outside the Treaty.

• Jurisdiction Of Regional Courts
• Time Limitation Of Actions
• Treaty Interpretation
• State Responsibility
• Consolidation Of Proceedings
• Eacj-jurisdiction

Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.36 of 2022)

Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.36 of 2022) [2024] EACJ 9 (26 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.36 of 2022

Judge

Gacuko J, Kasanda J, Masara PJ, Muhumuza J, Wejuli J

The EACJ held it had jurisdiction over a Treaty-based reference but dismissed interim relief because the Applicant failed to show irreparable harm.

• Jurisdiction Of Regional Courts
• Exhaustion Of Local Remedies
• Interim Injunctions
• Treaty Interpretation
• East-african-court-of-justice
• Jurisdiction

XYZ v Republic of Benin (Application No. 003/2021)

XYZ v Republic of Benin (Application No. 003/2021) [2023] AfCHPR 50 (18 December 2023)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2021

Judge

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

The African Court held it lacked prima facie jurisdiction over an application for provisional measures because the request was unrelated to the main case.

• Jurisdiction Of Regional Courts
• Provisional Measures
• Link Between Main Application And Interim Relief
• Provisional-measures
• Prima-facie-jurisdiction
• African-court-on-human-and-peoples-rights

Yu Sung Construction Limited v Attorney General of the Republic of South Sudan (Appeal No. 11 of 2022)

Yu Sung Construction Limited v Attorney General of the Republic of South Sudan (Appeal No. 11 of 2022) [2023] EACJ 11 (27 November 2023) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal No. 11 of 2022

Judge

Barishaki JA, Kayobera P, Mjasiri VP, Mugeni JA

The Appellate Division held that the consent judgment purportedly entered on 26th November 2020 was invalid because it was not sanctioned by a properly constituted quorum of the Trial Court as required by the Court Rules. There were no judicial proceedings or orders supporting the decree, and the Registrar's signature alone could not validate it. The doctrines of res judicata, functus officio, and approbation and reprobation did not apply because there was no valid judgment. The Trial Court was correct to set aside the consent judgment and to allow the respondent to file its response, as the…

Source excerpt

• Consent Judgments
• Review Of Judgments
• Jurisdiction Of Regional Courts
• Representation Of States
• Procedural Irregularities

Dabule and Others v Attorney General of the Republic of Uganda (Appeal 9 of 2022)

Dabule and Others v Attorney General of the Republic of Uganda (Appeal 9 of 2022) [2023] EACJ 6 (22 May 2023) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 9 of 2022

Judge

Kayobera P, Mjasiri VP, M'lnoti JA, Mugeni JA

The Appellate Division held that the Reference No. 5 of 2016 was time barred under Article 30(2) of the Treaty for the Establishment of the East African Community. The cause of action—the refusal by the Government of Uganda to release funds held in frozen accounts—was known to the appellants at least by April 2004, when they filed Constitutional Petition No. 2 of 2004 in Uganda. The Reference was filed in September 2016, well beyond the two-month limitation period prescribed by the Treaty. The Court reaffirmed the strict interpretation of Article 30(2), rejecting arguments that the continued…

Source excerpt

• Limitation Periods
• Jurisdiction Of Regional Courts
• Right To Property
• Rule Of Law Obligations
• Fair Hearing
• Treaty Interpretation

Ololosokwan Village Council and Others v Attorney General of United Republic of the Tanzania

Ololosokwan Village Council and Others v Attorney General of United Republic of the Tanzania (Reference No.10 of 2017) [2022] EACJ 25 (30 September 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.10 of 2017

Judge

Mugenyi PJ, Ngiye J, Nyachae J

The Court held that it has jurisdiction to hear and determine the Reference under Articles 27 and 30 of the Treaty, and that exhaustion of local remedies is not required. However, on the substantive issues, the Applicants failed to discharge the burden of proof that the evictions occurred outside the Serengeti National Park or that the Respondent's actions violated the Treaty or Protocol. The Applicants' evidence, including that of their expert witness, was found insufficient and lacking in specificity regarding the location of the boundaries. The Respondent's evidence was consistent that the…

Source excerpt

• Jurisdiction Of Regional Courts
• Exhaustion Of Local Remedies
• Eviction Disputes
• Community Land Rights
• National Park Boundaries