Uganda Case Law

Rwanyarare and others v Attorney General

Rwanyarare and others v Attorney General (Constitutional Application 6 of 2002) [2003] UGCC 1 (16 January 2003)

Court

Constitutional Court of Uganda

Case number

Constitutional Application 6 of 2002

Judge

Okello, JA, Mpagi-Bahigeine, JA, Engwau, JA, Kitumba, JA, Byamugisha, JA

The court held that while section 65(e) of the Civil Procedure Act and section 35 of the Judicature Statute do not provide the Constitutional Court with authority to grant the order sought, this does not oust the court's inherent jurisdiction under section 101 of the Civil Procedure Act or its rules to make orders necessary to meet the ends of justice or prevent abuse of process. The court found that the prohibition against injunctions in section 15(2) of the Government Proceedings Act, rooted in colonial practice and the doctrine of Crown immunity, must be construed in light of the 1995 Cons…

Source excerpt

• Suspension Of Statute
• Interim Relief
• Fundamental Rights
• Government Immunity