Uganda Case Law

Uganda Retirement Benefits Regulatory Authority and Others v Nsubuga

Uganda Retirement Benefits Regulatory Authority and Others v Nsubuga (Civil Application 60 of 2025) [2025] UGCA 114 (25 April 2025)

Court

Court of Appeal of Uganda

Case number

Civil Application 60 of 2025

Judge

Gashirabake, JA

The Court found that the High Court orders, except for costs, took immediate effect and were not capable of enforcement by execution under the Civil Procedure Act. Therefore, the remedy of stay of execution was unavailable. Even if the application were considered on its merits, the applicants failed to satisfy the conditions for grant of stay: only two applicants arguably had an arguable case regarding qualifications, but others did not furnish evidence. The public interest, as advised by the Attorney General and Cabinet, required compliance with the High Court orders to restore proper govern…

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• Stay Of Execution
• Judicial Review
• Board Appointments
• Public Interest
• Ministerial Discretion

Byarugaba v Attorney General & 2 Others

Byarugaba v Attorney General & 2 Others (Miscellaneous Cause 173 of 2023) [2024] UGHCCD 52 (19 April 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 173 of 2023

Judge

Musa Ssekaana, J

Judicial review application over NSSF managing director appointments was dismissed. The court held the Minister had discretion under the Act and the Board’s recommendation was not binding.

• Judicial Review
• Appointment Of Public Officers
• Ministerial Discretion
• Legitimate Expectation
• Procedural Fairness
• Natural Justice

Omari v Attorney General & 2 Others

Omari v Attorney General & 2 Others (MISCELLANEOUS CAUSE NO. 374 OF 2019) [2020] UGHCCD 17 (13 March 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 374 OF 2019

Judge

Musa Ssekaana, J

The High Court granted judicial review and mandamus, holding that the Minister’s failure to act on Bukasa ward demarcation was unlawful and required a decision.

• Judicial Review
• Mandamus
• Public Body Duties
• Ministerial Discretion
• Local Government Units
• Judicial-review

Mabale Growers Tea Factory Ltd V Noorali

Mabale Growers Tea Factory Ltd V Noorali (Civil Appeal 2 of 2015) [2018] UGSC 80 (15 October 2018)

Court

Supreme Court of Uganda

Case number

Civil Appeal 2 of 2015

Judge

Katureebe, CJ, Arach-Amoko, JSC, Mwangusya, JSC, Opio-Aweri, JSC, Mwondha, JSC

The Supreme Court held that the Expropriated Properties Act did not impose a mandatory time bar on applications for repossession; the 90-day period was regulatory. The Minister retained discretion to return property to former owners as long as the property had not been otherwise disposed of in accordance with the Act. The respondent's repossession in 2006 was lawful because the property remained expropriated and available for return after the encumbrance (re-entry) was cancelled. The appellant, having acquired title from a predecessor who had unlawfully re-entered, could not obtain better tit…

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• Expropriated Property
• Repossession Procedure
• Mesne Profits
• Ministerial Discretion
• Fraudulent Dealing
• Title Registration

Kimpi v Attorney General & Anor

Kimpi v Attorney General & Anor (MISCELLANEOUS CAUSE NO.23 OF 2017) [2018] UGHCCD 92 (17 August 2018)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO.23 OF 2017

Judge

Musa Ssekaana, J

The court found that the application was incompetently before it, as it failed to disclose any infringement or threat to a fundamental right or freedom under Article 50 of the Constitution. The applicant’s challenge was essentially against the Minister’s exercise of discretion in appointing the 2nd respondent as Chairperson of the National Drug Authority. The evidence showed that the 2nd respondent had a valid practising licence and the clinic was licensed, with a grace period for renewal recognized by the relevant regulatory authority. There was no statutory eligibility criteria breached, an…

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• Judicial Review
• Ministerial Discretion
• Conflict Of Interest
• Public Office Eligibility

John Musisi v Commissioner General, Uganda Revenue Authority and Attorney General (HCT-00-CC-CS 72 of 2005)

John Musisi v Commissioner General, Uganda Revenue Authority and Attorney General (HCT-00-CC-CS 72 of 2005) [2005] UGCommC 80 (27 December 2005)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 72 of 2005

The High Court held that a tax informant’s reward is payable only on tax actually recovered, not merely discovered, and dismissed the suit over waived arrears.

• Tax Informant Rewards
• Tax Arrears Recovery
• Ministerial Discretion
• Agency Notice Procedure
• Tax-informant-rewards
• Tax-arrears-recovery

R. M. Patel and Others v Attorney General and Others

R. M. Patel and Others v Attorney General and Others (Civil Suit 54 of 1995) [1998] UGHCLD 2 (4 August 1998)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 54 of 1995

Judges

Ntabgoba, PJ

The court held that the Departed Asians Property Custodian Board (DAPCB) had no legal authority under the Expropriated Properties Act to receive or reject applications for repossession of expropriated property, as such powers are vested exclusively in the Minister. All transactions involving the suit property prior to the coming into force of the Act were nullified, and the property reverted to Government. The plaintiffs' suit, brought as an original action against the DAPCB and other defendants, was misconceived and incompetent, as any challenge to the Minister's issuance of a certificate of…

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• Expropriated Property Act
• Repossession Certificate
• Ministerial Discretion
• Nullification Of Transactions
• Cause Of Action
• Statutory Appeal

Registered Trustees of Kampala Insitute v Attorney General

Registered Trustees of Kampala Insitute v Attorney General (Civil Appeal No. 51 of 1996) (Civil Appeal No. 51 of 1996) [1998] UGHC 9 (27 July 1998)

Court

High Court of Uganda

Case number

Civil Appeal No. 51 of 1996

The High Court allowed an appeal over refusal of a repossession certificate and ordered the Minister to issue it, holding the re-entry of the property was null and void.

• Expropriated Property Act
• Repossession Certificate
• Ministerial Discretion
• Government Trusteeship
• Nullification Of Dealings
• Expropriated-property-act

Makerere Properties Limited v Attorney General

Makerere Properties Limited v Attorney General (Civil Appeal 36 of 1996) [1998] UGCA 40 (1 June 1998)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 36 of 1996

Judge

Manyindo, DCJ, Engwau, JA, Twinomujuni, JA

The Court of Appeal held that the High Court erred in upholding the Minister of Finance's refusal to issue a repossession certificate to the appellant. The evidence established that the suit property, expropriated in 1972, was never lawfully returned to the appellant company but was instead wrongfully returned to an individual director, S. A. Pirani, who acted fraudulently. The subsequent transfer to M. R. Karia was also tainted by fraud. Both the purported return and the transfer occurred between 1973 and 21st February 1983 and were therefore nullified by section 1(2)(a) of the Expropriated…

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• Expropriated Properties
• Repossession Certificate
• Fraudulent Transfer
• Ministerial Discretion
• Admissibility Of Evidence