Uganda Case Law

Njumba v Attorney General of the Republic of Uganda

Njumba v Attorney General of the Republic of Uganda (Reference No.22 of 2020) [2025] EACJ 4 (7 March 2025) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.22 of 2020

Judge

Kasanda J, Masara PJ, Muhumuza J, Wejuli DPJ

The Court found that the Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty for the Establishment of the East African Community. The cause of action arose in 2016 when the lease agreement for the disputed land was executed and the alleged violations commenced. The Applicant had knowledge of the relevant facts well before July 2020, as evidenced by prior Ugandan court proceedings and correspondence. The Court rejected the Applicant's argument that the time should run from receipt of NEMA's letter, holding that the limitation period begins when…

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• Environmental Impact Assessment
• Forest Conservation
• Jurisdiction Ratione Temporis
• Community Treaty Compliance

Pan African Lawyers Union (PALU) v Attorney General of the Republic of South Sudan

Pan African Lawyers Union (PALU) v Attorney General of the Republic of South Sudan (Reference No.26 of 2020) [2025] EACJ 1 (25 February 2025) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.26 of 2020

Judge

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

The East African Court of Justice dismissed PALU’s reference against South Sudan as time-barred, holding that the two-month limit under Article 30(2) had expired.

• Jurisdiction Ratione Temporis
• Time Limitation
• Treaty Interpretation
• Human Rights Violations
• Jurisdiction-ratione-temporis
• Time-limitation

Inclusive Development for Citizens and Another v Attorney General of the United Republic of Tanzania

Inclusive Development for Citizens and Another v Attorney General of the United Republic of Tanzania (Reference No.10 of 2020) [2024] EACJ 14 (29 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.10 of 2020

Judge

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

The Court held that its jurisdiction is strictly circumscribed by Article 30(2) of the Treaty, which requires that proceedings be instituted within two months of the impugned action or the date it came to the complainant's knowledge. The Applicants' claims, though framed as arising from the District Commissioner's 2020 statement, were inextricably linked to the 2002 Regulations and 2017 pronouncements, which established the policy of expelling pregnant girls from school. The Court found that the District Commissioner's statement was merely a manifestation of this pre-existing policy and did n…

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• Right To Education
• Non Discrimination
• Right To Privacy
• Jurisdiction Ratione Temporis
• Expulsion Of Pregnant Girls
• Treaty Interpretation

Cholong v Attorney General of the Republic of South Sudan (Application No.20 of 2022)

Cholong v Attorney General of the Republic of South Sudan (Application No.20 of 2022) [2024] EACJ 3 (26 March 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.20 of 2022

Judge

Kasanda J, Muhumuza J, Nyachae J, Nyawello DPJ, Wejuli J

The Court determined that the relevant date for the computation of the two-month limitation period under Article 30(2) of the EAC Treaty was the signing of the Memorandum of Understanding between the Republic of South Sudan and the Arab Republic of Egypt in July 2021, which constituted the decisive action complained of. The subsequent arrival of dredging equipment was merely a component of the implementation of that agreement and did not constitute a separate actionable event for limitation purposes. The Reference, having been filed on 10th June 2022, was therefore out of time. The Court reaf…

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• Jurisdiction Ratione Temporis
• Treaty Interpretation
• Environmental Impact Assessment
• Public Participation
• International Cooperation

Magoti and Another v Attorney General of the United Republic of Tanzania

Magoti and Another v Attorney General of the United Republic of Tanzania (Reference No.2 of 2020) [2023] EACJ 14 (30 November 2023) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.2 of 2020

Judge

Gacuko J, Masara PJ, Muhumuza J, Nyachae J, Wejuli J

The East African Court of Justice dismissed a challenge to Tanzanian pre-trial detention laws, holding it lacked jurisdiction ratione temporis under Article 30(2) and non-retroactivity.

• Treaty Interpretation
• Jurisdiction Ratione Temporis
• Pre Trial Detention
• Non Retroactivity
• Human Rights Obligations
• Jurisdiction-ratione-temporis

Eastern African Sub-Regional Support Initiative for Advancement of Women (EASSI) and Others v Attorney General of The Republic Uganda and Another

Eastern African Sub-Regional Support Initiative for Advancement of Women (EASSI) and Others v Attorney General of The Republic Uganda and Another (Reference No. 13 of 2019) [2023] EACJ 17 (15 November 2023) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No. 13 of 2019

Judge

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

The Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty for the Establishment of the East African Community. The Court found that the Applicants, or those they represented, were or should have been aware of the border closure as of 28th February 2019, the date of the public announcement and commencement of the impugned act. Attempts by the Applicants to alter the date of knowledge through supplementary affidavits were found to be inconsistent and not credible. The Court held that it lacked jurisdiction ratione temporis to entertain the Referen…

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• Treaty Time Limitation
• Jurisdiction Ratione Temporis
• Regional Integration
• Women Economic Rights

Sigei v Secretary General of the East African Community (Appeal 3 of 2022)

Sigei v Secretary General of the East African Community (Appeal 3 of 2022) [2023] EACJ 9 (30 May 2023) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 3 of 2022

Judge

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

The Appellate Division dismissed an employment appeal, holding that claims based on an expired contract were time barred under Regulation 104 and outside its jurisdiction.

• Employment Contracts
• Jurisdiction Ratione Temporis
• Limitation Periods
• Staff Rules And Regulations
• Remedies In Employment Disputes
• Employment-law

Ngugi and Others v Secretary General of East African Community (Consolidated Applications 4 of 2019)

Ngugi and Others v Secretary General of East African Community (Consolidated Applications 4 of 2019) [2022] EACJ 32 (29 November 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Consolidated Applications 4 of 2019

Judge

Masara PJ, Muhumuza JA, Nyawello JA, Wejuli JA

The Court found that all claims for unpaid salaries and gratuity were subject to the 12-month limitation period under Regulation 104 of the EAC Staff Rules and Regulations. None of the Claimants filed their claims within the prescribed period after their contracts expired or payments became due. The Court held that it lacked jurisdiction ratione temporis to entertain the consolidated claims, as the limitation period had expired. The claims were therefore dismissed without consideration of their substantive merits. The Court further clarified that claims for salary and gratuity are covered by…

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• Employment Contracts
• Salary Scales
• Limitation Periods
• Staff Regulations
• Jurisdiction Ratione Temporis

Xavier v Attorney General of the Republic of Rwanda

Xavier v Attorney General of the Republic of Rwanda (Reference No.11 of 2018) [2022] EACJ 1 (6 April 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.11 of 2018

Judge

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

The East African Court of Justice held that this Reference was out of time under Article 30(2) of the Treaty and dismissed it for lack of jurisdiction ratione temporis.

• Treaty Violation
• Jurisdiction Ratione Temporis
• Limitation Periods
• Cause Of Action
• Exhaustion Of Remedies
• East-african-court-of-justice

Widambe and Another v Secretary General of the East African Community

Widambe and Another v Secretary General of the East African Community (Reference No.15 of 2018; Reference No.16 of 2018) [2022] EACJ 8 (22 March 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.15 of 2018 ; Reference No.16 of 2018

Judge

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

The Court dismissed consolidated EACJ references by two retired EAC employees, holding the claims were time barred and that it lacked jurisdiction ratione temporis.

• Limitation Periods
• Employment Remuneration
• Constructive Notice
• Jurisdiction Ratione Temporis
• Limitation-periods
• Constructive-notice