Uganda Case Law

Lutaaya v Attorney General and 6 Others

Lutaaya v Attorney General and 6 Others (Miscellaneous Cause 256 of 2021) [2024] UGHCCD 131 (20 August 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 256 of 2021

Judge

Nambayo, J

The High Court has jurisdiction to hear and determine applications for enforcement of human rights violations. The Applicant's evidence, which was unchallenged due to the Respondents' failure to file a timely affidavit in reply, established that he was unlawfully detained for more than 48 hours and subjected to torture by police officers acting in the course of their employment. The actions of the Respondents constituted violations of the Applicant's non-derogable constitutional rights to freedom from torture and inhuman treatment, as well as his right to liberty. The Attorney General, as the…

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• Torture And Inhuman Treatment
• Detention Beyond 48 Hours
• Vicarious Liability Of State
• Compensation For Rights Violation
• Procedural Timelines For Affidavits
• Search And Seizure Without Warrant

Luyenjje Najjimu and Others v Uganda

Luyenjje Najjimu and Others v Uganda (Criminal Applications No. 10, 12 & 13 of 2023) [2024] UGHCICD 18 (23 April 2024)

Court

HC: International Crimes Division (Uganda)

Case number

Criminal Applications No. 10, 12 & 13 of 2023

Judge

Okalany, J

The court held that the application was improperly before it because the applicants sued 'Uganda', a non-existent party in civil proceedings, instead of the Attorney General. This substantive defect could not be cured by Section 6(5) of the Human Rights (Enforcement) Act, which only addresses procedural or technical defects. Furthermore, the applicants’ affidavits were found to be incurably defective as they were not properly affirmed before a commissioner for oaths using the prescribed statutory language, rendering them inadmissible. Even if these defects were overlooked, the applicants fail…

Source excerpt

• Torture And Inhuman Treatment
• Enforcement Of Human Rights
• Vicarious Liability Of State
• Affidavit Procedure
• Burden Of Proof
• Procedural Defects

Odongo Simon v Attorney General (Complaint No: UHRC/ SRT/092/2008)

Odongo Simon v Attorney General (Complaint No: UHRC/ SRT/092/2008) [2022] UGHRC 11 (24 January 2022)

Court

Uganda Human Rights Commission

Case number

Complaint No: UHRC/ SRT/092/2008

Judge

Shifrah Lukwago - Commissioner

The Tribunal found that Odongo Simon was tortured and unlawfully detained by state agents, and awarded UGX 22 million in compensation and exemplary damages.

• Torture And Cruel Inhuman Treatment
• Personal Liberty Violation
• Vicarious Liability Of State
• Compensation For Human Rights Violation
• Torture-and-cruel-treatment
• Personal-liberty

Eceku v Attorney General (Complaint No: UHR/ SRT/87/2008)

Eceku v Attorney General (Complaint No: UHR/ SRT/87/2008) [2019] UGHRC 21 (19 March 2019)

Court

Uganda Human Rights Commission

Case number

Complaint No: UHR/ SRT/87/2008

Judge

Dr. Katebalirwe Amooti Wa Irumba - Commissioner

The Tribunal found, on a balance of probabilities, that the applicant was subjected to torture and cruel, inhuman or degrading treatment by State agents, as evidenced by direct eyewitness testimony and corroborated by medical reports. The applicant was also unlawfully detained for 10 days beyond the constitutionally permissible 48 hours, violating his right to personal liberty. The acts were committed by State agents in the course of their official duties, rendering the State vicariously liable through the Attorney General. The Tribunal rejected the respondent's challenge to the medical evide…

Source excerpt

• Torture And Cruel Inhuman Treatment
• Personal Liberty Violation
• Vicarious Liability Of State
• Compensation For Human Rights Violation

Agaba Lauben v Attorney General (Complaint UHRC 159 of 2009)

Agaba Lauben v Attorney General (Complaint UHRC 159 of 2009) [2018] UGHRC 2 (21 June 2018)

Court

Uganda Human Rights Commission

Case number

Complaint UHRC 159 of 2009

Judge

Stephen Basaliza - Commissioner

The Tribunal found that Agaba Lauben was unlawfully detained beyond 48 hours and subjected to torture by police officers, awarding UGX 8 million in damages.

• Torture And Cruel Inhuman Treatment
• Personal Liberty Violation
• Vicarious Liability Of State
• Compensation For Rights Violation
• Torture-and-cruel-treatment
• Personal-liberty

Kizito Richard v Attorney General (Complaint UHRC 15 of 2008)

Kizito Richard v Attorney General (Complaint UHRC 15 of 2008) [2018] UGHRC 11 (4 April 2018)

Court

Uganda Human Rights Commission

Case number

Complaint UHRC 15 of 2008

Judge

Dr. Katebalirwe Amooti Wa Irumba - Commissioner

The Tribunal found that Kizito Richard was tortured and unlawfully detained by state agents, and awarded compensation against the Attorney General.

• Torture And Cruel Inhuman Treatment
• Personal Liberty Violation
• Vicarious Liability Of State
• Compensation For Rights Violation
• Torture
• Unlawful-detention