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Uganda Case Law

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Administrative Law [2021] UGHCCD 58

Male H. Mabirizi K.Kiwanuka v Attorney General of Uganda

Male H. Mabirizi K.Kiwanuka v Attorney General of Uganda (Miscellaneous Cause No. 194 of 2021) [2021] UGHCCD 58 (23 July 2021)

Judicial review challenge to Uganda’s June 2021 Covid-19 directives and Chief Justice’s circular failed; the High Court found both were lawful and dismissed the application.

  • Judicial Review
  • Ultra Vires
  • Executive Powers
  • Public Health Regulation
  • Court Administration
  • Judicial-review
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Constitutional Law [2014] UGCC 108

Dorothy Nandugga Kabugo v Attorney General

Dorothy Nandugga Kabugo v Attorney General (Constitutional Petition No. 39 of 2010) [2014] UGCC 108 (15 December 2014)

The Court held that the impugned provisions of the Public Health Act do not amount to compulsory acquisition or deprivation of property within the meaning of Article 26 of the Constitution, as demolition of illegal structures does not transfer proprietary interest to the state. The statutory notice period under section 72 affords affected persons an opportunity to be heard, satisfying the constitutional requirement for a fair hearing. The differentiation in treatment under section 72(3) is not discriminatory, as it protects all landowners from delayed action by local authorities and does not…

  • Compulsory Acquisition
  • Right To Property
  • Fair Hearing
  • Judicial Independence
  • Discrimination
  • Public Health Regulation
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Civil Procedure [2008] UGCA 15

The Environment Action Network Ltd v Joseph Eryau

The Environment Action Network Ltd v Joseph Eryau (Civil Application No. 98/05) [2008] UGCA 15 (19 February 2008)

The Court found that the appeal was rendered moot because the High Court had already determined the substantive application and granted the reliefs sought, and subsequent regulations had been enacted. There was no longer a live dispute between the parties, and the reliefs sought on appeal could not be granted. Courts do not decide cases for academic purposes; orders must have practical effect and be enforceable. The absence of necessary parties further rendered the appeal incompetent. Accordingly, the application to strike out the appeal was allowed.

  • Striking Out Appeal
  • Mootness
  • Joinder Of Parties
  • Public Health Regulation
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Civil Procedure [2002] UGHC 133

Eryau v Environmental Action Network

Eryau v Environmental Action Network (Civil Appl. No. 39 of 2001) [2002] UGHC 133 (19 June 2002)

The court found that the applicant's concerns regarding criminalisation and prosecution for public smoking were rendered moot by the prior striking out of those prayers. The applicant's remaining arguments were insufficient to establish that he would be directly affected by the main application, as his own testimony acknowledged the need to respect non-smokers and the hazards of cigarette smoke. The court held that a blanket exclusion of smoking in all public places would be inappropriate, but the applicant's position was too general and lacked substantive merit. The applicant was deemed to b…

  • Right To Clean Environment
  • Public Health Regulation
  • Standing To Be Heard
  • Enforcement Of Fundamental Rights
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Criminal Law [1952] EACA 311

Municipal Board of Mombasa v Karaji

Municipal Board of Mombasa v Karaji (Criminal Appeal No. 279 of 1950) [1952] EACA 311 (1 January 1952)

The court held that second-hand lorry parts and tyres kept for use could amount to a “store” under the by-law, even without sales. The acquittal was set aside.

  • Municipal By Laws
  • Interpretation Of Statutes
  • Public Health Regulation
  • Statutory-interpretation
  • Municipal-by-laws
  • Public-health-regulation
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Criminal Law [1948] EACA 61

Rex, Through Nairobi Municipal Council v Patel

Rex, Through Nairobi Municipal Council v Patel (Criminal Appeal No. 92 of 1948) [1948] EACA 61 (1 January 1948)

The court quashed a conviction for selling adulterated milk because the magistrate proceeded without evidence that due diligence had been used to serve a warrant on the accused’s employee.

  • Sale Of Adulterated Milk
  • Public Health Regulation
  • Criminal Procedure Irregularity
  • Responsibility For Warrant Execution
  • Criminal-procedure-irregularity
  • Public-health-offences
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.