Uganda Case Law

Ismailia Building Company Limited & 3 Others v Attorney General & 4 Others

Ismailia Building Company Limited & 3 Others v Attorney General & 4 Others (Constitutional Petition 37 of 2019) [2024] UGCC 27 (18 December 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 37 of 2019

Judge

Egonda-Ntende, JCC, Gashirabake, JCC, Eva K. Luswata, JA/JCC, Kazibwe, JCC, Asa Mugenyi, JA/ JCC

Section 9(1)(d) of the Expropriated Properties Act, which allows the Minister to deprive former owners of property if they do not physically return and reside in Uganda within 120 days after repossession, is inconsistent with Articles 2(2), 20(1)(2), 21(1)(2)(3), and 26(1)(2) of the Constitution. The provision ties property ownership to physical residence, which is not a constitutionally recognized justification for deprivation of property. The Constitution requires that deprivation of property must be for public use or other specified interests, with prompt payment of fair and adequate compe…

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• Expropriation Of Property
• Right To Property
• Constitutional Interpretation
• Discrimination
• Ministerial Powers
• Repossession Procedure

Nitro Chemical(U) Limited v Attorney General

Nitro Chemical(U) Limited v Attorney General (Miscellaneous Cause No. 71 of 2018) [2021] UGHCCD 93 (6 August 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 71 of 2018

Judge

Musa Ssekaana, J

The court found that the issuance and renewal of commercial explosives licenses to the applicant were illegal, as they were granted by officers not designated under the Explosives Act. The Minister for Internal Affairs acted within the powers of the Explosives Act to stop the issuance and renewal of licenses, especially in light of national security concerns and presidential directives. However, the Minister breached the applicant's legitimate expectation by failing to provide adequate notice or consult the applicant before implementing the change in policy. Despite this breach, the applicant…

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• Judicial Review
• Legitimate Expectation
• Ultra Vires Action
• Procedural Fairness
• Ministerial Powers
• Licensing Regulation

Jabbe Pascal Osinde Osudo v Attorney General and Anor

Jabbe Pascal Osinde Osudo v Attorney General and Anor (Miscellaneous Cause No. 161 of 2020) [2021] UGHCCD 66 (15 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 161 of 2020

Judge

Musa Ssekaana, J

The High Court held that the Minister’s directive sending the applicant on six months’ forced leave was unlawful because it was issued without a properly constituted board.

• Judicial Review
• Ministerial Powers
• Forced Leave
• Procedural Fairness
• Termination Of Employment
• Judicial-review

Tumwine v Attorney General and Another

Tumwine v Attorney General and Another (Constitutional Petition No. 20 of 2014) [2021] UGCC 17 (4 May 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 20 of 2014

Judge

Cheborion, JCC, Kibeedi Mutangula, JCC, Musoke, JCC, Mulyagonja, JCC, Egonda-Ntende, JCC

The Constitutional Court held that mobile money was already regulated by Bank of Uganda guidelines in 2014 and dismissed the petition challenging its taxation.

• Taxation Of Mobile Money
• Regulation Of Financial Services
• Ministerial Powers
• Bank Of Uganda Mandate
• Mobile-money-taxation
• Financial-services-regulation

Thakkar v Departed Asians Property Custodian Board

Thakkar v Departed Asians Property Custodian Board (MISCELLANEOUS CAUSE NO. 379 OF 2019) [2020] UGHCCD 23 (26 March 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 379 OF 2019

Judge

Musa Ssekaana, J

The High Court held that the Board acted ultra vires by questioning a repossession certificate years after issuance and granted prohibition, injunction, and costs.

• Judicial Review
• Ultra Vires Actions
• Repossession Of Property
• Ministerial Powers
• Expropriated Properties Act
• Certificates Of Repossession

Manharlal v Departed Asians Property Custodian Board

Manharlal v Departed Asians Property Custodian Board (Miscellaneous Cause 379 of 2019) [2020] UGHCCD 226 (26 March 2020)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 379 of 2019

Judge

Musa Ssekaana, J

The court found that the respondent, Departed Asians Property Custodian Board, acted illegally and ultra vires by purporting to investigate the authenticity of the applicant's repossession certificate for property that had already been lawfully repossessed under the Expropriated Properties Act. Once the Minister issues a certificate of repossession, the Minister is functus officio, and neither the Minister nor the Board has authority to revisit or question the decision except by way of appeal to the High Court within the prescribed period. The respondent's actions were therefore without legal…

Source excerpt

• Judicial Review
• Ultra Vires Actions
• Expropriated Properties Act
• Repossession Of Property
• Ministerial Powers
• Certificates Of Repossession

Kaala v Attorney General & Anor

Kaala v Attorney General & Anor (MISCELLANEOUS CAUSE NO.23 OF 2017) [2018] UGHCCD 84 (28 August 2018)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO.23 OF 2017

Judge

Musa Ssekaana, J

The High Court held that the ban on importing fishing gears was ultra vires, procedurally unfair, and irrational, but declined certiorari and injunctions because the ban had expired.

• Judicial Review
• Ultra Vires Actions
• Procedural Impropriety
• Legitimate Expectation
• Ministerial Powers
• Fair Hearing

Uganda National Chamber Of Commerce V Attorney General (MC NO. 326 OF 2016)

Uganda National Chamber Of Commerce V Attorney General (MC NO. 326 OF 2016) [2017] UGHCCD 105 (20 June 2017)

Court

HC: Civil Division (Uganda)

Case number

MC NO. 326 OF 2016

Judge

Wolayo, J

The High Court upheld the Minister of Trade’s intervention in a chamber of commerce election dispute, finding the directives lawful and dismissing judicial review.

• Ministerial Powers
• Judicial Review
• Company Membership
• Elections In Companies
• Public Interest Intervention
• Judicial-review

Abby Kasolo Kiberu V Hon. Idah Nantaba Erios (State Minister for Lands, Housing & Urban Development)

Abby Kasolo Kiberu V Hon. Idah Nantaba Erios (State Minister for Lands, Housing & Urban Development) (Miscellaneous Cause No. 29 of 2013) [2014] UGHCLD 135 (24 November 2014)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 29 of 2013

Judge

Owiny-Dollo, J

The respondent, a government minister, acted ultra vires her statutory powers by purporting to adjudicate a land dispute and directing cancellation of the applicant's land title. She denied the applicant a fair hearing, breaching the principles of natural justice enshrined in Article 42 of the Constitution. The law vests the power to inquire into and rectify land title disputes solely in the Commissioner of Land Registration, subject to procedural safeguards. The respondent's administrative directive was unlawful, biased, and outside her official mandate. The court found the application for j…

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• Judicial Review
• Prohibition Order
• Ultra Vires Action
• Natural Justice
• Ministerial Powers
• Land Title Disputes

Nagoli v Attorney General & Anor

Nagoli v Attorney General & Anor (Constitutional Reference No. 7 of 2006) [2006] UGCC 2 (24 October 2006)

Court

Constitutional Court of Uganda

Case number

Constitutional Reference No. 7 of 2006

The Constitutional Court held that while the reference disclosed a cause of action under Article 137(5) of the Constitution, it was not maintainable because the acts complained of arose from a written contract whose terms and performance were still in dispute and pending determination in the High Court. The court reasoned that constitutional interpretation should not be undertaken where the underlying contractual issues have not been resolved, as the constitutional questions may be rendered moot or unnecessary depending on the outcome of the contractual dispute. Therefore, the reference was p…

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• Constitutional Interpretation
• Audi Alteram Partem
• Ministerial Powers
• Contractual Disputes
• Prematurity Of Reference