Uganda Case Law

Dabule and 2 Others v A.G and Bank of Uganda (Consitutional Petition No. 2 of 2004)

Dabule and 2 Others v A.G and Bank of Uganda (Consitutional Petition No. 2 of 2004) [2007] UGCC 8 (14 September 2007)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 2 of 2004

Judge

Mpagi-Bahigeine, JA, Kavuma, JA, Engwau, JA, Kitumba, JA, Twinomujuni, JA

The court held that the Banking (Freezing of Accounts) Orders, specifically Legal Notices 2 of 1982 and 2 & 3 of 1984, were made pursuant to section 26A of the Banking Act 1969. Section 54 of the Financial Institutions Statute No.4 of 1993 repealed the entire Banking Act 1969, including section 26A. The saving provision in section 54(2) only preserved statutory instruments that were consistent with the new statute. Since the freezing policy was reversed by the 1993 Statute, the Legal Notices became inconsistent and ceased to have legal effect from 14th May 1993. Consequently, the Legal Notice…

Source excerpt

• Freezing Of Bank Accounts
• Statutory Repeal
• Constitutional Inconsistency
• Right To Property
• Right To Hearing

Gathungu v Regina

Gathungu v Regina (Criminal Appeal No. 669 of 1952) [1953] EACA 10 (1 January 1953)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 669 of 1952

Judge

Bourke J, Hearne CJ

The appeal succeeded because the headman’s terracing order was not shown to have been made on the required advice of an agricultural officer.

• Native Authority Ordinance
• African District Councils
• Enforceability Of Orders
• Statutory Repeal
• Local Government Powers
• Criminal-law

Rex v Odima

Rex v Odima (Criminal Appeal No. 77 of 1941) [1941] EACA 54 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 77 of 1941

Judge

Gamble, J. (Uganda), Sheridan, (C.J. Kenya), Webb CJ

The Court of Appeal for Eastern Africa dismissed a criminal appeal, holding that no right of appeal survived the repeal of the relevant provision and that no appeal lay on sentence severity.

• Right Of Appeal
• Severity Of Sentence
• Jurisdiction Of Court
• Statutory Repeal
• Criminal-appeal-right
• Severity-of-sentence