Uganda Case Law

Mbowe and Others v Attorney General of the United Republic of Tanzania

Mbowe and Others v Attorney General of the United Republic of Tanzania (Reference No.3 of 2019; Reference No.4 of 2019) [2022] EACJ 4 (25 March 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.3 of 2019 ; Reference No.4 of 2019

Judge

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

The Court found that several provisions of the Political Parties (Amendment) Act No.1 of 2019 failed the three-tier test established in Media Council of Tanzania, namely, they were vague, imprecise, lacked clarity, or imposed unjustifiable and disproportionate restrictions on fundamental rights and freedoms protected by the Treaty. Specifically, sections granting excessive discretionary powers to the Registrar, imposing discriminatory requirements for party registration, and failing to provide adequate safeguards or due process were held to violate Articles 6(d), 7(2), and 8(1)(c) of the Trea…

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• Treaty Obligations
• Freedom Of Association
• Democracy And Good Governance
• Rule Of Law
• Political Party Regulation
• Human Rights

Basile Difasi & 3 Ors v The National Unity Platform & 8 Ors (MISCELLENOUS CAUSE No. 226 OF 2020)

Basile Difasi & 3 Ors v The National Unity Platform & 8 Ors (MISCELLENOUS CAUSE No. 226 OF 2020) [2020] UGHCCD 204 (21 October 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLENOUS CAUSE No. 226 OF 2020

Judge

Musa Ssekaana, J

The court held that the application was incompetent and improperly before it because the applicants sought judicial review remedies but failed to follow the prescribed procedure under the Judicature (Judicial Review) Rules. Specifically, the application was filed well outside the three-month limitation period for judicial review without any justification for the delay. The court emphasized that inherent powers cannot be invoked where there is a specific statutory procedure, and that allowing litigants to circumvent established procedures would undermine the rule of law and finality in litigat…

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• Judicial Review Timelines
• Locus Standi
• Political Party Regulation
• Abuse Of Court Process

Gasutwa and Others v A.G. of Burundi (Application 18 of 2014)

Gasutwa and Others v A.G. of Burundi (Application 18 of 2014) [2014] EACJ 140 (28 November 2014) (First Instance Division)

Court

East African Court of Justice

Case number

Application 18 of 2014

Judge

Jundu JA, Lenaola JA, Ntezilyayo JA

The East African Court of Justice granted an interim order allowing the UPRONA Central Committee elected in 2009 to meet pending determination of the Reference.

• Interim Injunctions
• Political Party Regulation
• Freedom Of Association
• Judicial Review
• Interim-injunctions
• Political-party-regulation