Uganda Case Law

Smart Protus Magara & 138 & Ors v Financial Intelligence Authority

Smart Protus Magara & 138 & Ors v Financial Intelligence Authority (MISCELLANEOUS CAUSE NO. 215 OF 2018) [2019] UGHCCD 52 (7 March 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 215 OF 2018

Judge

Musa Ssekaana, J

The High Court upheld the Financial Intelligence Authority’s freezing of accounts under the Anti-Money Laundering Act, but ordered verified D9 Club victims paid from the frozen funds.

• Judicial Review
• Freezing Of Bank Accounts
• Procedural Impropriety
• Exercise Of Statutory Discretion
• Natural Justice
• Money Laundering Investigations

Tulsa Investiments Ltd & Anor v Attorney General & Anor

Tulsa Investiments Ltd & Anor v Attorney General & Anor (Constitutional Application No. 8 of 2015) [2016] UGCC 6 (2 May 2016)

Court

Constitutional Court of Uganda

Case number

Constitutional Application No. 8 of 2015

Judge

Kasule, JA

The court found that although the applicants established a prima facie case with a probability of success, granting the interim orders would prejudice ongoing investigations into suspected money laundering. The freeze on the accounts and suspension from employment were necessary to preserve the subject matter of the investigation. Lifting these measures would risk removal of funds under investigation and compromise the inquiry. The court held that any loss suffered by the applicants during the investigation could be compensated by damages if warranted. Therefore, the balance of convenience an…

Source excerpt

• Interim Injunctions
• Money Laundering Investigations
• Right To A Hearing
• Employment Suspension
• Freezing Bank Accounts