Uganda Case Law

MP Electronics Limited & Another v Kamani & 2 Others

MP Electronics Limited & Another v Kamani & 2 Others (Civil Application 614 of 2024) [2025] UGCA 87 (21 March 2025)

Court

Court of Appeal of Uganda

Case number

Civil Application 614 of 2024

Judge

Cheborion-Barishaki, JA

The Court found that the applicants had established a prima facie case with a likelihood of success, as their appeal raised serious and pertinent legal and factual issues, including the right to fair hearing and the propriety of the High Court's orders made during the pendency of an interim order. The applicants demonstrated imminent threat of execution and risk of irreparable loss, as respondents were attempting to take possession and collect rent from the suit properties. The Court held that the High Court's jurisdiction over interim relief had been exhausted, justifying direct application…

Source excerpt

• Stay Of Execution
• Proprietary Possessory Rights
• Vacant Possession
• Mortgage Enforcement
• Interim Injunction
• Right To Appeal

Chanthunya v Republic of Malawi (Application No. 001-2022)

Chanthunya v Republic of Malawi (Application No. 001-2022) [2024] AfCHPR 20 (13 November 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 001-2022

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the applicant's rights under Article 7(1) of the African Charter and related instruments were not violated. The applicant was afforded the right to appeal, and his appeal on preliminary issues was heard and determined by the Malawi Supreme Court of Appeal. The conviction was based on multiple forms of evidence, including witness testimony and documentary exhibits, and there was no manifest arbitrariness or miscarriage of justice in the domestic proceedings. The applicant was represented by counsel, cross-examined prosecution witnesses, and was given the opportunity to pre…

Source excerpt

• Fair Trial Rights
• Presumption Of Innocence
• Right To Appeal
• Notification Of Charges
• Reasoned Decision
• Admissibility Of Evidence

Mussa v United Republic of Tanzania (Application No. 031/2016)

Mussa v United Republic of Tanzania (Application No. 031/2016) [2023] AfCHPR 11 (13 June 2023)

Court

African Court on Human and Peoples Rights

Case number

Application No. 031/2016

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the applicant's conviction was based on a confession determined by the High Court and affirmed by the Court of Appeal to be voluntary, corroborated by other evidence, and not obtained under duress. The Court held that it is not an appellate body but may assess whether domestic proceedings meet international human rights standards. The applicant failed to prove that his application for review was properly filed and served, or that there was undue delay attributable to the state. The Court also found that the applicant was represented by state-funded counsel at all relevant…

Source excerpt

• Fair Trial Rights
• Right To Be Heard
• Right To Counsel
• Right To Appeal
• Admissibility Of Evidence
• Mandatory Death Penalty

Attorney General v Ssejjemba

Attorney General v Ssejjemba (Constitutional Application 10 of 2021) [2021] UGSC 1 (21 December 2021)

Court

Supreme Court of Uganda

Case number

Constitutional Application 10 of 2021

Judge

Opio Aweri, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court of Uganda granted an interim stay of execution of the Constitutional Court’s decision pending determination of the substantive application.

• Right To Appeal
• Right To Fair Hearing
• Interim Stay Of Execution
• Small Claims Procedure
• Interim-stay-of-execution
• Constitutional-application

Makame and Others v United Republic of Tanzania

Makame and Others v United Republic of Tanzania [2021] AfCHPR 35 (25 June 2021)

Court

African Court on Human and Peoples Rights

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court held that Tanzania’s single appeal structure did not violate fair-trial or equality rights, and dismissed all claims by four convicted applicants.

• Right To Fair Trial
• Exhaustion Of Local Remedies
• Right To Appeal
• Equality Before The Law
• Judicial Review
• Interpretation Services

Noudehouenou v Republic of Benin (Application No. 028/2020)

Noudehouenou v Republic of Benin (Application No. 028/2020) [2021] AfCHPR 51 (29 March 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 028/2020

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The African Court dismissed an application for provisional measures against Benin, finding no proven urgency, irreparable harm, or basis to restrain Article 410 of the Criminal Code.

• Judicial Independence
• Freedom Of Expression
• Right To Appeal
• Provisional Measures
• Due Process
• Privacy Rights

Noudehouenou v Republic of Benin (Application No. 004/2020)

Noudehouenou v Republic of Benin (Application No. 004/2020) [2020] AfCHPR 59 (6 May 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 004/2020

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court found that the circumstances surrounding the Applicant's conviction and sentencing by the CRIET, including the removal of the right to appeal and the existence of an international arrest warrant, created a situation of extreme gravity and presented a real and imminent risk of irreparable harm to the Applicant should the judgment be executed before the Court's final decision. The Court determined that, under Article 27(2) of the Protocol, it was necessary to order a stay of execution of the CRIET judgment to prevent such harm. The Court dismissed the Applicant's other requests for pr…

Source excerpt

• Right To Fair Trial
• Right To Appeal
• Presumption Of Innocence
• Provisional Measures
• Judicial Protection
• Right To Liberty

Muwonge Issa & Another v Uganda

Muwonge Issa & Another v Uganda (Criminal Appeal No. 38 And 39 of 2015) [2020] UGCA 2081 (10 March 2020)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 38 And 39 of 2015

Judge

Kakuru, JA, Madrama, JA, Egonda-Ntende, JA

The absence of the trial court judgment renders the record of appeal incomplete and makes it impossible for the Court of Appeal to hear and determine the appeal on its merits. The appellants and the court took reasonable steps to obtain the judgment, but all efforts failed. This situation prejudices the appellants' constitutional right to appeal. Given the appellants have already spent over nine years in custody, ordering a retrial would be unjust and a travesty of justice. The only appropriate remedy is to quash the convictions and set aside the sentences, with immediate release unless held…

Source excerpt

• Right To Appeal
• Missing Judgment
• Court Record Integrity

Mallya v Tanzania (Application No. 018/2015)

Mallya v Tanzania (Application No. 018/2015) [2019] AfCHPR 41 (26 September 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 018/2015

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The African Court found Tanzania violated Mallya’s rights to appeal, to be tried within a reasonable time, and to liberty after delaying access to case records.

• Right To Appeal
• Fair Trial
• Reasonable Time
• Arbitrary Detention
• State Responsibility
• Right-to-appeal

Tuuni Stephen & Anor v Uganda

Tuuni Stephen & Anor v Uganda (Criminal Appeal No. 190 of 2011) [2018] UGCA 37 (13 June 2018)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 190 of 2011

Judge

Egonda-Ntende, JA, Obura, JA, Musota, JA

The Court of Appeal quashed robbery convictions because the trial judgment was missing, making a merits appeal impossible. It refused a retrial due to long custody.

• Right To Appeal
• Absence Of Judgment
• Quashing Conviction
• Retrial Principles
• Criminal-appeal
• Missing-trial-judgment