Uganda Case Law

Attorney General v Owor

Attorney General v Owor (Constitutional Appeal 1 of 2011) [2014] UGSC 407 (25 March 2014)

Court

Supreme Court of Uganda

Case number

Constitutional Appeal 1 of 2011

Judge

Katureebe ,JSC, Kitumba, JSC, Tumwesigye, JSC, Kisaakye, JSC, Odoki, Ag. JSC, Tsekooko, JSC, Okello, Ag. JSC

The Supreme Court held that Article 83(1)(g)(h) of the Constitution only prescribes loss of seat in Parliament as a sanction for an MP who changes party allegiance or joins a party after being elected as an independent. The article does not provide for nullification of nomination for election to the next Parliament as an additional sanction. The Court found that the Constitutional Court erred in interpreting Article 83(1)(g)(h) to invalidate nomination for the next Parliament based on failure to vacate or resign from Parliament. The correct procedure, where there is a dispute about whether a…

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• Parliamentary Vacancy
• Political Party Membership
• Right Of Association
• Nomination For Election

Democratic Party and Another v Secretary General of East African Community and Others (Application 6 of 2011)

Democratic Party and Another v Secretary General of East African Community and Others (Application 6 of 2011) [2011] EACJ 49 (30 November 2011) (First Instance Division)

Court

East African Court of Justice

Case number

Application 6 of 2011

Judge

Arach-Amoko DPJ, Busingye PJ, Mkwawa J

The court found that the applicants had established a prima facie case with a probability of success, as the impugned Rules of Procedure had previously been declared inconsistent with both the Uganda Constitution and Article 50 of the Treaty by the Constitutional Court of Uganda. The court determined that irreparable injury would result if elections were conducted under these Rules, as it would disenfranchise opposition parties and potentially undermine the credibility of the EALA. The court also held that the balance of convenience favoured the applicants, given the slow pace of legislative…

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• Parliamentary Elections
• Treaty Compliance
• Right Of Association
• Judicial Review

Zachary Olum and Anor v Registrar General

Zachary Olum and Anor v Registrar General (Miscellaneous Application No. 10 of 2005) [2005] UGHC 4 (1 February 2005)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 10 of 2005

The High Court granted leave to seek mandamus against the Registrar General for failing to gazette a political party registration application.

• Judicial Review
• Mandamus
• Political Party Registration
• Right Of Association
• Judicial-review
• Political-party-registration