Uganda Case Law

Mbowe and Others v Attorney General of the United Republic of Tanzania

Mbowe and Others v Attorney General of the United Republic of Tanzania (Reference No.3 of 2019; Reference No.4 of 2019) [2022] EACJ 4 (25 March 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.3 of 2019 ; Reference No.4 of 2019

Judge

Masara PJ, Ngiye DPJ, Nyachae J, Nyawello J, Wejuli J

The Court found that several provisions of the Political Parties (Amendment) Act No.1 of 2019 failed the three-tier test established in Media Council of Tanzania, namely, they were vague, imprecise, lacked clarity, or imposed unjustifiable and disproportionate restrictions on fundamental rights and freedoms protected by the Treaty. Specifically, sections granting excessive discretionary powers to the Registrar, imposing discriminatory requirements for party registration, and failing to provide adequate safeguards or due process were held to violate Articles 6(d), 7(2), and 8(1)(c) of the Trea…

Source excerpt

• Treaty Obligations
• Freedom Of Association
• Democracy And Good Governance
• Rule Of Law
• Political Party Regulation
• Human Rights

Democratic Republic of Congo v Attorney General (Consitutional Petition No. 22 of 2018)

Democratic Republic of Congo v Attorney General (Consitutional Petition No. 22 of 2018) [2021] UGCC 7 (27 April 2021)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 22 of 2018

Judge

Bamugemereire, JCC, Kakuru, JCC, Madrama, JCC, Mulyagonja, JCC, Buteera, DCJ

The Constitutional Court dismissed the DRC’s petition, holding that it raised no question requiring constitutional interpretation under Article 137.

• Diplomatic Immunity
• State Property Protection
• Constitutional Interpretation
• Treaty Obligations
• Jurisdiction Of Courts
• Constitutional-interpretation

Democratic Republic of Congo v Attorney General

Democratic Republic of Congo v Attorney General (Constitutional Petition No. 22 of 2018) [2021] UGCA 23 (27 April 2021)

Court

Court of Appeal of Uganda

Case number

Constitutional Petition No. 22 of 2018

Judge

Kakuru, JCC, Madrama, JCC, Mulyagonja, JCC, Bamugemereire, JA, Buteera, DCJ

The Constitutional Court found that the petition did not raise any questions requiring interpretation of the Constitution as mandated by Article 137. The applicant's grievances related to the enforcement of rights and the application of existing law, not to the interpretation of constitutional provisions. The court emphasized that the proper forum for redress regarding the attachment and sale of diplomatic properties, or for challenging alleged fraudulent acquisition of property, was the High Court or Court of Appeal, where the applicant could have defended itself or appealed the decisions. T…

Source excerpt

• Diplomatic Immunity
• Treaty Obligations
• Jurisdiction Of Courts
• Property Attachment
• Foreign Missions
• Constitutional Interpretation

Malek v Minister of Justice of the Republic of South Sudan and Another

Malek v Minister of Justice of the Republic of South Sudan and Another (Reference No.9 of 2017) [2020] EACJ 21 (24 July 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.9 of 2017

Judge

Mugenyi PJ, Ntezilyayo J, Nyachae J

The Court found that the removal of the Applicant from the position of Justice of the Court of Appeal of South Sudan by Republican Decree No.100/2017 was unlawful because it did not comply with the mandatory constitutional and statutory procedures, specifically the requirement for a recommendation from the Judicial Service Commission. The President's unilateral action violated both the Transitional Constitution and the Judiciary Act of South Sudan. This breach of domestic law constituted a violation of the rule of law and good governance principles enshrined in Articles 6(d) and 7(2) of the T…

Source excerpt

• Judicial Independence
• Removal Of Judges
• Rule Of Law
• Treaty Obligations
• Good Governance

East African Law Society v Secretary General of The East African Community

East African Law Society v Secretary General of The East African Community (Reference 7 of 2014) [2016] EACJ 113 (22 March 2016) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 7 of 2014

Judge

Mugenyi JA

The Court found that the cause of action was the Respondent's failure to perform his Treaty obligations, specifically the failure to submit the report of the fact-finding mission to the Council of Ministers, rather than the expulsion itself. The Reference was filed within the two-month period after the Applicant became aware of the Respondent's inaction, as evidenced by the Respondent's letter dated 19th March 2014. The Court held that the Respondent did not exercise the required due diligence and vigilance in fulfilling his obligations under Article 71(1)(d) & (1) of the Treaty. Initiating m…

Source excerpt

• Treaty Obligations
• Failure To Act
• Regional Integration
• Public Interest Litigation

African Network For Animal Welfare v A.G. of Tanzania

African Network For Animal Welfare v A.G. of Tanzania (Reference 9 of 2010) [2014] EACJ 50 (20 June 2014) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 9 of 2010

Judge

Butasi JA, Lenaola JA, Mkwawa JA

The East African Court of Justice held that Tanzania’s initial proposal to build a bitumen road across Serengeti National Park would breach EAC Treaty environmental duties.

• Transboundary Environmental Impact
• Protected Areas Management
• Treaty Obligations
• Injunctive Relief
• Public Interest Litigation
• Environmental-law