The Constitutional Court held that a missing trial record causing over 12 years of appellate delay violated the petitioner’s fair hearing rights, but not equality rights.
The respondent, having been properly notified of his trial date and bail conditions, deliberately absconded and could not be located despite reasonable efforts by the authorities. His conduct constitutes a voluntary waiver of his right to be present at trial. The High Court, vested with jurisdiction under Article 28(5) of the Constitution and Section 37 of the Judicature Act, is empowered to order that criminal proceedings continue in the respondent's absence to avoid frustration of justice, multiplicity of proceedings, and prejudice to victims, witnesses, and co-accused. The right to a fair…
Uganda v Baijusa Bruhan Kalyango alias Masiga (HCT-00-ICD-SC-0003-2018) [2025] UGHCICD 9 (10 July 2025)
Court
HC: International Crimes Division (Uganda)
Case number
HCT-00-ICD-SC-0003-2018
Judge
Nabisinde, J, Okalany, J, Wabwire, J, Bashaija, J
The Respondent, having been granted bail and adequately notified of his trial obligations, deliberately absconded and failed to appear in court despite repeated summonses and public notices. His conduct constitutes a voluntary waiver of his right to be present at trial. The court, guided by constitutional and statutory provisions, as well as persuasive case law, finds that the interests of justice, public policy, and the rights of co-accused and victims outweigh the Respondent's absence. The trial may lawfully proceed in his absence, as discontinuing the case would undermine public confidence…
The Court held that it has material, personal, temporal, and territorial jurisdiction to hear the application, as the alleged violations concern rights protected by the Charter and the application was filed before the respondent State's withdrawal of its Article 34(6) Declaration took effect. However, the Court found the application inadmissible for failure to exhaust local remedies. The applicant did not seize the Constitutional Court of Benin, which is an available and effective remedy for constitutional and human rights claims, including challenges to the Amnesty Law. The Court reiterated…
Kassim v Ochieng & 2 Others (Miscellaneous Application 52 of 2025) [2025] UGHC 366 (30 May 2025)
Court
High Court of Uganda
Case number
Miscellaneous Application 52 of 2025
Judge
Lubega, J
The High Court found the 18 March 2025 proceedings were not ex parte, declined to recall the 1st respondent for cross-examination, but allowed the applicant to present his defence.
The Industrial Court granted interim relief to lift a garnishee order nisi pending determination of consolidated labour applications, citing urgency and fair hearing concerns.
Fresh Cuts (U) Ltd v Padma Nikhil Rohan Africa (PNR) Ltd (Miscellaneous Application No. 0545 of 2024) [2025] UGCommC 101 (19 May 2025)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 0545 of 2024
Judge
Dr. Ginamia Melody Ngwatu, J
The court found that while the applicant claimed their failure to appear was due to misinformation by former counsel, they failed to provide satisfactory evidence of diligence or the steps taken to prosecute their application. The applicant did not demonstrate sufficient cause to warrant setting aside the ex parte judgment, as required by Order 9 rule 27 of the Civil Procedure Rules and relevant case law. The right to a fair hearing was not violated by the court, as the applicant was given an opportunity to be heard but failed to act diligently. Consequently, the application to set aside the…
Sennabulya v Kayondo (Civil Appeal 9 of 2023) [2025] UGHC 219 (20 April 2025)
Court
High Court of Uganda
Case number
Civil Appeal 9 of 2023
Judge
Tweyanze, J
The High Court dismissed a civil appeal over a blocked access route, upholding the magistrate’s jurisdiction, admission of evidence, and UGX 2,000,000 damages.