Uganda Case Law

Eastern African Sub-Regional Support Initiative for Advancement of Women (EASSI) and Others v Attorney General of The Republic Uganda and Another

Eastern African Sub-Regional Support Initiative for Advancement of Women (EASSI) and Others v Attorney General of The Republic Uganda and Another (Reference No. 13 of 2019) [2023] EACJ 17 (15 November 2023) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No. 13 of 2019

Judge

Gacuko J, Masara PJ, Muhumuza J, Nyachae J, Nyawello DPJ

The Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty for the Establishment of the East African Community. The Court found that the Applicants, or those they represented, were or should have been aware of the border closure as of 28th February 2019, the date of the public announcement and commencement of the impugned act. Attempts by the Applicants to alter the date of knowledge through supplementary affidavits were found to be inconsistent and not credible. The Court held that it lacked jurisdiction ratione temporis to entertain the Referen…

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• Treaty Time Limitation
• Jurisdiction Ratione Temporis
• Regional Integration
• Women Economic Rights

Shirima v A.G. of Burundi and Ors. (Application 11 of 2016)

Shirima v A.G. of Burundi and Ors. (Application 11 of 2016) [2017] EACJ 112 (6 July 2017) (First Instance Division)

Court

East African Court of Justice

Case number

Application 11 of 2016

Judge

Jundu JA, Lenaola JA, Ntezilyayo JA

The Court held that it has jurisdiction to determine allegations of Treaty violations under Articles 27 and 30(1) of the Treaty, even where the subject matter involves acts related to treaty-making, provided the applicant alleges breach of specific Treaty provisions. The application disclosed a cause of action against all Respondents, including those who had not signed the EPA, as there was a live issue regarding potential future signatures. However, the Applicant failed to establish irreparable injury or a prima facie case warranting an interlocutory injunction. The alleged harm was speculat…

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• Treaty Interpretation
• Regional Integration
• Interlocutory Injunctions
• Sovereignty Of States
• Cause Of Action
• Jurisdiction Of Regional Courts

Etienne and Anor v Secretary General of the East African Community

Etienne and Anor v Secretary General of the East African Community (Reference 5 of 2015) [2016] EACJ 37 (23 March 2016) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 5 of 2015

Judge

Jundu JA, Lenaola JA, Mugenyi JA, Ngiye JA, Ntezilyayo JA

The Court dismissed a challenge to the recruitment of the EACJ Registrar, holding that the Council could standardize qualifications and that the quota system was applied validly.

• Treaty Interpretation
• Public Service Recruitment
• Quota System
• Judicial Review
• Equal Opportunity
• Regional Integration

East African Law Society v Secretary General of The East African Community

East African Law Society v Secretary General of The East African Community (Reference 7 of 2014) [2016] EACJ 113 (22 March 2016) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 7 of 2014

Judge

Mugenyi JA

The Court found that the cause of action was the Respondent's failure to perform his Treaty obligations, specifically the failure to submit the report of the fact-finding mission to the Council of Ministers, rather than the expulsion itself. The Reference was filed within the two-month period after the Applicant became aware of the Respondent's inaction, as evidenced by the Respondent's letter dated 19th March 2014. The Court held that the Respondent did not exercise the required due diligence and vigilance in fulfilling his obligations under Article 71(1)(d) & (1) of the Treaty. Initiating m…

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• Treaty Obligations
• Failure To Act
• Regional Integration
• Public Interest Litigation

Walusumbi and Others v A.G. of Republic Uganda

Walusumbi and Others v A.G. of Republic Uganda (Reference 8 of 2013) [2015] EACJ 80 (27 February 2015) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 8 of 2013

Judge

Butasi JA

The Court held that it has jurisdiction to interpret and apply the Treaty in relation to acts, directives, or decisions of the Summit or other Community organs, even where the process in question is ongoing and not finalized. The Reference disclosed a cause of action because the Applicants alleged infringement of specific Treaty provisions by the Summit's directive to commence negotiations with South Sudan. However, the Court found that the process for considering South Sudan's application complied with the Treaty and Protocol, and that the Summit acted within its discretionary mandate. The A…

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• Treaty Interpretation
• Regional Integration
• Admission Of Member States
• Jurisdiction Of Regional Courts
• Good Governance Principles

East African Law Society v Secretary General of the East African Community

East African Law Society v Secretary General of the East African Community [2013] EACJ 147 (14 February 2013) (First Instance Division)

Court

East African Court of Justice

Judge

Busingye PJ, Lenaola JA, Mkwawa JA

The Court held that Protocols validly enacted under Article 151(1) of the Treaty become integral parts of the Treaty and are subject to its interpretation and application. The Court found that its jurisdiction, as established by Articles 23 and 27 of the Treaty, extends to the interpretation and application of the Treaty, including its Protocols and Annexes. The dispute settlement mechanisms established under the Customs Union and Common Market Protocols do not exclude or oust the interpretative jurisdiction of the Court. The mechanisms are administrative and practical alternatives for disput…

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• Treaty Interpretation
• Regional Integration
• Jurisdiction Of Regional Courts
• Dispute Resolution Mechanisms

Sebalu v Secretary General of East African Community and Others

Sebalu v Secretary General of East African Community and Others (Reference No. 1 of 2010) [2011] EACJ 6 (30 June 2011) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No. 1 of 2010

Judge

Arach-Amoko DPJ, Busingye PJ, Butasi J, Kubo J, Mkwawa J

The Court found that the Applicant had a valid cause of action under the Treaty, as the Reference alleged infringement of Treaty provisions by the 1st and 2nd Respondents. Article 27 does not confer appellate jurisdiction on the EACJ over decisions of national courts; such jurisdiction requires a protocol, which has not been concluded. The 1st and 2nd Respondents failed to fully discharge their obligations regarding the protocol to operationalise extended jurisdiction, as evidenced by prolonged delays and lack of substantive progress. The delay contravenes the principles of good governance, d…

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• Treaty Interpretation
• Regional Integration
• Good Governance
• Judicial Review
• Appellate Jurisdiction
• Human Rights Obligations