Attorney General v Kyonjokama Sam and Another
Attorney General v Kyonjokama Sam and Another (Civil Appeal No. 61 of 2002) [2002] UGCA 18 (20 May 2002)
The Court of Appeal held that the High Court lacked jurisdiction to entertain Miscellaneous Cause No.13 of 2002 because the application raised questions of constitutional interpretation, which must be determined by the Constitutional Court under Article 137 of the Constitution. The Fundamental Rights and Freedoms (Enforcement Procedure) Rules apply only to the Constitutional Court, not the High Court. Actions for enforcement of fundamental rights under Article 50 must be brought by plaint and not by notice of motion unless a substantive suit is pending. The appellant's procedure was erroneous…
Source excerpt
- Jurisdiction Of High Court
- Constitutional Interpretation
- Enforcement Of Fundamental Rights
- Proper Parties To Suit
- Procedure For Constitutional Redress