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This blog does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. Authors are liable for any plagiarism and Lawpoint Uganda won`t have liability towards the same.
Uganda's Constitutional Court reaffirms that Magistrates’ courts cannot grant bail in cases triable only by the High Court; applications must be made directly to the High Court.
The court held that Guidelines 10(2) and 10(3) of the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022 are consistent with Articles 2, 23(6)(b) and 23(6)(c) of the Constitution. They lawfully guide magistrates’ courts that only the High Court may grant bail for offences triable exclusively by it.
Waboga David
Aug 106 min read
General Elections Are a Process, Not a Single Event—So Too Must Be Election Petitions: An Analysis of the High Court’s Decision in Nambi Faridah Kigongo v Luyimbazi Elias Nalukoola & Anor
It is settled that an election is not an event but an elaborate process consisting of several stages which climax into voting, counting and tallying of votes, and final declaration of the winner by gazettement. As such, when faced with an Election Petition, the court has to analyse and evaluate the entire electoral process and not restrict itself to the polling day activities only
Lawpointuganda
May 305 min read
The Supreme Court of Uganda Upholds the Validity of Section 101(5) of the Financial Institutions Act, Which Bars Courts from Staying Liquidation Proceedings.
The Supreme Court of Uganda affirms that legislative provisions that limit court interventions during financial institution liquidations can be constitutional if they serve a legitimate public interest, such as maintaining financial stability.
Sylivia Nandawula
May 213 min read
HIGH COURT AFFIRMS THAT COURTS CANNOT CONFER JURISDICTION UPON THEMSELVES; ONLY PARLIAMENT CAN. HOWEVER, WHERE STATUTORY LAW IS SILENT, COURTS MAY APPLY INHERENT POWERS TO PREVENT INJUSTICE.
Uncertainty is an injustice that may result in oppression. The courts should remedy such a situation by providing certainty of trial.
Waboga David
Apr 53 min read
The Constitutional Court Holds That Election Disputes Must Be Resolved Within the Election Cycle to Ensure Electoral Justice—Delayed Determination of an Election Petition is Unconstitutional.
The Constitutional Court held that the failure to deliver a timely decision deprived the people of Kibuku County of their constitutional rig
Waboga David
Feb 184 min read
The High Court has Ruled That The Uganda Law Society Act Does Not Empower Any Individual or Council To Unilaterally Suspend Elected Members.– Elected Officials Cannot Be Arbitrarily Removed
Justice Ssekaana has held that the Uganda Law Society Act does not empower any individual or council to unilaterally suspend elected members
Waboga David
Feb 142 min read
THE TRIAL OF CIVILIANS IN MILITARY COURTS: A GLOBAL PERSPECTIVE AND THE UGANGAN CONUNDRUM
Several key cases have shaped the jurisprudence on whether military courts can try civilians. These cases reflect global opposition to the p
Obita Calvin Stewart
Jan 2911 min read
Constitutional Court Reaffirms That Its Jurisdiction Is Limited to Constitutional Interpretation, Not Individual Rights Enforcement
The court highlighted the distinction between enforcing constitutional rights and interpreting the Constitution. As noted in Tinyefuza v AG,
Waboga David
Jan 132 min read
Case Brief Of Hon. Michael Kabaziguruka Versus Attorney General Constitutional Petition No. 45 Of 2016
Civilians can be subject to military law where they are charged with aiding and abetting serving UPDF Officers to commit service offences.
Mbabazi Cindy Patricia
Jan 63 min read
Constitutional Court Grants Leave to Amici Curiae in Divorce Act Petition.
A perusal of the intended brief further shows that it is grounded in the law, does not amount to fresh evidence or a new cause of action, do
Lawpointuganda
Dec 16, 20243 min read
UGANDA AT 62: THE EVOLUTION OF THE RULE OF LAW POST-INDEPENDENCE
As Uganda celebrates 62 years of independence, the journey of the rule of law reflects both the triumphs and trials of the nation’s legal
Obita Calvin Stewart
Oct 9, 202412 min read
CONSTITUTIONAL INTERPRETATION OR RIGHTS ENFORCEMENT? A CLOSER LOOK AT THE LEGAL BRAIN TRUST V. ATTORNEY GENERAL, 2021 RULING
From the above jurisprudence, it can be discerned that certain rights violations can be straightforwardly addressed through factual determin
Lawpointuganda
Sep 30, 202411 min read
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