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Constitutional Law [2024] UGHCCD 174

kalali v Attorney General

kalali v Attorney General (Miscellaneous Cause 88 of 2022) [2024] UGHCCD 174 (1 March 2024)

Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 88 of 2022
Judge
Douglas Karekona Singiza, J

The court held that while the right to access decent shelter is recognized within Uganda's constitutional and legislative framework, its realization is subject to the state's available resources and the principle of progressive realization. The evidence presented by the applicant was insufficient to prove that the respondent had unreasonably failed to provide adequate housing to junior police officers or that the state's interventions were unreasonable. The respondent demonstrated ongoing efforts and reasonable policy measures to address the housing deficit, including construction of new unit…

Source excerpt

  • Right To Shelter
  • Economic And Social Rights
  • State Obligations
  • Human Dignity
  • Public Interest Litigation
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Civil Procedure [2022] UGCA 327

Naguru, Nakawa Estate Residents Association Limited v Attorney General and Another

Naguru, Nakawa Estate Residents Association Limited v Attorney General and Another (Civil Appeal 46 of 2012) [2022] UGCA 327 (26 July 2022)

Court
Court of Appeal of Uganda
Case number
Civil Appeal 46 of 2012
Judge
Bamugemereire, JA, Musota, JA, Muzamiru, JA

The Court of Appeal held that the trial court erred in dismissing the appellant's suit solely on account of failure to serve the statutory notice prescribed by Section 2 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act. The Supreme Court precedent in Kampala City Council Authority v. Kabandize & 20 Others established that such failure does not render proceedings incompetent, but may affect costs or cause delay. The doctrine of stare decisis binds the Court of Appeal to this interpretation. The appeal was allowed, the High Court's dismissal set aside, and the matter remitte…

Source excerpt

  • Statutory Notice Requirement
  • Representative Action
  • Right To Shelter
  • Preliminary Objection
  • Costs Award
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Family And Children [2017] UGHCFD 4

Baguma v Mbabazi (HCT – 00 – CV – CA – NO. 003 OF 2016)

Baguma v Mbabazi (HCT – 00 – CV – CA – NO. 003 OF 2016) [2017] UGHCFD 4 (23 March 2017)

Court
HC: Family Division (Uganda)
Case number
HCT – 00 – CV – CA – NO. 003 OF 2016
Judge
Ojok, J

The High Court found that the family court procedure is intended to be informal, and no injustice or denial of a fair hearing was occasioned to the Appellant, who was present with counsel and did not seek to cross-examine witnesses during trial. The trial Magistrate properly applied the welfare principle, considering the children’s wishes and needs, and found the Respondent to be the suitable custodian. The order for the Appellant and his other children to vacate the family home was not unconstitutional, as the Appellant had alternative accommodation and had previously evicted the children. T…

Source excerpt

  • Child Custody
  • Child Welfare Principle
  • Maintenance Of Children
  • Right To Shelter
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.