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Uganda decisions
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Esomu Ebalu v Orit (Civil Appeal 35 of 2022) [2024] UGHC 754 (15 August 2024)
The High Court allowed a land appeal and ordered a retrial after finding that the suit land’s change from customary to titled tenure made the original judgment moot.
Mwereri v Kenyana & Another (Company Complaint 35330 of 2024) [2024] UGRSB 10 (11 June 2024)
The Registrar dismissed a company register rectification complaint as moot after the applicant’s 50 shares and directorship had already been restored.
Ssemakula v Gulu University (Miscellaneous Cause 1 of 2024) [2024] UGHC 377 (27 May 2024)
The High Court held that Gulu University’s interdiction of a dean was a public law act amenable to judicial review, but dismissed the case as moot after his dismissal.
Mwiru Paul v National Council for Higher Education, Uganda National Examinations Board & Nathan Samson Igeme Nabeta (Civil Appeal 84 of 2016) [2024] UGCA 340 (22 January 2024)
The Court of Appeal found that the appeal was moot because the certificate of equivalence at issue pertained solely to the 2016 parliamentary elections, which had concluded. The court held that any orders modifying or reversing the certificate would have no practical effect, as the certificate's validity was limited to the concluded electoral cycle. The request for a permanent injunction against future issuance of certificates was also untenable, as the law requires fresh consideration for each election cycle. The appellant did not demonstrate that the public interest exception to the mootnes…
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Mwiru v National Council for Higher Education and 2 Others (Civil Appeal 84 of 2016) [2024] UGCA 4 (22 January 2024)
The Court of Appeal struck out an election-related administrative appeal as moot after the 2016 electoral cycle ended, finding no live dispute remained.
Odwe and Another v Attorney General and 4 Others (Consitutional Petition 7 of 2015) [2023] UGCC 106 (19 October 2023)
The Constitutional Court dismissed a petition challenging amended criminal charges, holding that withdrawal of the charges rendered the case moot and left no live constitutional controversy.
Minex Karia v Attorney General (Miscellaneous Cause No. 208 of 2022) [2023] UGHCCD 66 (17 March 2023)
The High Court dismissed a judicial review application as moot after Parliament had already expunged the challenged Appendix 10 from the COSASE report.
Turyakira & Anor vs Uganda Revenue Authority (MISCELLANEOUS CAUSE N0.166 OF 2018) [2019] UGHCCD 5 (8 February 2019)
The court found that the application was overtaken by events because the respondent had already clarified, prior to the filing of the suit, that no tax should be charged on mobile money deposits and had ordered refunds for any amounts erroneously collected. The dispute was therefore moot, as there was no live controversy remaining between the parties. The court emphasized that its function is to resolve actual disputes and not to engage in academic inquiries. The preliminary objection regarding non-joinder of the Attorney General was dismissed as directory and not fatal to the application. Ul…
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Human Rights Awareness and Promotion Forum v A.g of Uganda and Anor (Reference 6 of 2014) [2016] EACJ 133 (27 September 2016) (First Instance Division)
The Court held that the Reference was moot because the Anti-Homosexuality Act, which formed the substratum of the dispute, had been struck down by the Constitutional Court of Uganda, leaving no live controversy or actionable grievance. The reliefs sought were declarations regarding provisions of a nullified law, which had been overtaken by events and were no longer relevant. The Applicant's attempt to invoke the public interest exception to mootness failed, as the Court found insufficient proof that the subject matter was of general public importance to a sufficiently large section of the Uga…
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