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20 Dec 2023

Constitutional Law [2023] UGHC 200

Bwengye and 13 v Attorney General (HCT-05-CV-MC 19 of 2022)

Bwengye and 13 v Attorney General (HCT-05-CV-MC 19 of 2022) [2023] UGHC 200 (20 December 2023)

Court: High Court of Uganda
Case number: HCT-05-CV-MC 19 of 2022
Judge: Allan Nshimye, J

The application was dismissed on two principal grounds. First, the motion failed to comply with mandatory procedural requirements under Rule 8(1)(d) of the Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules, SI No.31 of 2019, as it did not itemize the grounds for the application in the motion itself, rendering it incompetent. Second, the High Court lacks jurisdiction to declare statutory provisions invalid for inconsistency with the Constitution; such jurisdiction is exclusively vested in the Constitutional Court under Article 137 of the Constitution. T…

Source excerpt

Equality Before Law
Representation On Statutory Bodies
Public Interest Litigation
Jurisdiction Of High Court
Procedural Requirements For Applications

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20 Dec 2023

Constitutional Law [2023] UGHC 199

Bwengye Deusdedit v Attorney General

Bwengye Deusdedit v Attorney General (Miscellaneous Cause 19 of 2022) [2023] UGHC 199 (20 December 2023)

Court: High Court of Uganda
Case number: Miscellaneous Cause 19 of 2022
Judge: Allan Nshimye, J

The application was dismissed on two principal grounds. First, the motion failed to comply with the mandatory requirements of Rule 8(1)(d) of the Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules, SI No.31 of 2019, as it did not itemise the grounds in the motion itself, rendering it incompetent. Second, the High Court lacks jurisdiction to declare statutory provisions invalid for inconsistency with the Constitution; such jurisdiction is exclusively vested in the Constitutional Court under Article 137 of the Constitution. The orders sought by the Applic…