Uganda Case Law

Hossou and Another v Republic of Benin

Hossou and Another v Republic of Benin [2020] AfCHPR 24 (25 September 2020)

Court

African Court on Human and Peoples Rights

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Tchikaya J

The Court found that the Applicants' failure to sign the Application did not render it inadmissible, as their identities were sufficiently established and the Court maintains a flexible approach regarding formality. However, the request for provisional measures was dismissed because the Applicants did not demonstrate extreme gravity or urgency, nor did they provide evidence of irreparable harm. Furthermore, the relief sought in the provisional measures would effectively grant the main relief requested in the principal Application, which is not appropriate at this stage. The Court reaffirmed t…

Source excerpt

• Withdrawal Of Declaration
• Access To Regional Court
• Admissibility Requirements
• Provisional Measures
• Jurisdiction Of Regional Courts

Munyandilikirwa v Republic of Rwanda (Order) (Application 023/2015)

Munyandilikirwa v Republic of Rwanda (Order) (Application 023/2015) [2016] AfCHPR 66 (3 June 2016)

Court

African Court on Human and Peoples Rights

Case number

Application 023/2015

Judge

Ramadhani P

The African Court held that Rwanda’s withdrawal of its Article 34(6) declaration did not suspend this pending application, and it would continue hearing the case.

• African Court Jurisdiction
• Withdrawal Of Declaration
• Individual Access To Court
• African-court-jurisdiction
• Withdrawal-of-declaration
• Individual-access-to-court

Nyamwasa and Others v Republic of Rwanda (Order) (Application 016/2015)

Nyamwasa and Others v Republic of Rwanda (Order) (Application 016/2015) [2016] AfCHPR 62 (3 June 2016)

Court

African Court on Human and Peoples Rights

Case number

Application 016/2015

Judge

Ramadhani P

The African Court held that Rwanda’s withdrawal of its Article 34(6) declaration did not suspend this pending application and ordered that it continue.

• Jurisdiction Of Regional Courts
• Withdrawal Of Declaration
• Access To Court By Individuals
• Article-34-6-declaration
• Withdrawal-of-declaration
• Pending-proceedings

Gihana and Others v Republic of Rwanda (Order) (Application 017/2015)

Gihana and Others v Republic of Rwanda (Order) (Application 017/2015) [2016] AfCHPR 64 (3 June 2016)

Court

African Court on Human and Peoples Rights

Case number

Application 017/2015

Judge

Ramadhani P

The Court held that the withdrawal by Rwanda of its declaration under Article 34(6) of the Protocol does not have the effect of suspending or terminating proceedings in cases that were filed prior to the withdrawal. The Court reasoned that its jurisdiction over such applications was established at the time of filing, and the subsequent withdrawal cannot retroactively affect the rights of applicants or the Court's competence to hear the matter. This position was confirmed in the Court's earlier ruling in Ingabire Victoire Umuhoza v Republic of Rwanda, which established that withdrawal of a dec…

Source excerpt

• Jurisdiction Of Court
• Withdrawal Of Declaration
• Access To Court By Individuals