Uganda Case Law

Adiy and Others v Attorney General of the Revolutionary Government of Zanzibar and Others

Adiy and Others v Attorney General of the Revolutionary Government of Zanzibar and Others (Reference No.9 of 2016) [2020] EACJ 19 (29 September 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.9 of 2016

Judge

Mugenyi PJ, Ngiye J, Nyachae J

The East African Court of Justice struck out a reference challenging Tanzania’s union and Zanzibar’s status, holding it lacked jurisdiction and that the claim was time-barred.

• Jurisdiction Of Regional Courts
• Non Retrospective Application Of Treaties
• Time Limitation Of Actions
• Sovereignty Of Member States
• Eacj-jurisdiction
• Non-retroactivity-of-treaties

Atemnkeng v African Union (Application No. 014/2011)

Atemnkeng v African Union (Application No. 014/2011) [2013] AfCHPR 124 (15 March 2013)

Court

African Court on Human and Peoples Rights

Case number

Application No. 014/2011

Judge

Akuffo P, Guissè J, Ngoepe J, Niyungeko J, Ore J, Ouguergouz VP, Ramadhani J, Tambala J, Thompson J

The Court held that it lacks jurisdiction to hear and determine the Application brought by Atabong Denis Atemnkeng against the African Union. The Protocol establishing the African Court on Human and Peoples' Rights restricts the Court's jurisdiction to cases brought against State Parties that have ratified the Protocol and made a declaration under Article 34(6) accepting the Court's competence to receive cases from individuals and NGOs. The African Union, as a non-State entity and not a party to the Protocol or the Charter, falls outside the scope of the Court's jurisdiction ratione personae.…

Source excerpt

• Access To Court
• Jurisdiction Of Regional Courts
• Jus Cogens Norms
• Sovereignty Of Member States
• Treaty Interpretation