Male H. Mabirizi K.Kiwanuka v Attorney General of Uganda (Miscellaneous Cause No. 194 of 2021) [2021] UGHCCD 58 (23 July 2021)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause No. 194 of 2021
Judge
Boniface Wamala, J
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.
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…
The Environment Action Network Ltd v Joseph Eryau (Civil Application No. 98/05) [2008] UGCA 15 (19 February 2008)
Court
Court of Appeal of Uganda
Case number
Civil Application No. 98/05
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.
Eryau v Environmental Action Network (Civil Appl. No. 39 of 2001) [2002] UGHC 133 (19 June 2002)
Court
High Court of Uganda
Case number
Civil Appl. No. 39 of 2001
Judges
Ntabgoba, PJ
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…
Municipal Board of Mombasa v Karaji (Criminal Appeal No. 279 of 1950) [1952] EACA 311 (1 January 1952)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 279 of 1950
Judge
Bourke J, Hearne CJ
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.
Rex, Through Nairobi Municipal Council v Patel (Criminal Appeal No. 92 of 1948) [1948] EACA 61 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 92 of 1948
Judge
Nihill P
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.