A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more

The 2nd and 3rd plaintiffs are husband and the wife. The 2nd plaintiff delivered two babies in the defendant hospital’s general ward but was discharged with only one baby. The defendants state that one of the babies was stillborn. The 2nd and the 3rd plaintiffs filed a police report for the loss their baby and …Read more

This case was filed by the families of two women who died during childbirth and the Centre for Health, Human Rights and Development (CEHURD). They argued that inadequate resources for maternal health violated the right to health under Objectives XIV (b) XX, XV and Article 8A of the Ugandan Constitution, the right to life under …Read more

The National Environment Management Authority (“NEMA”) demolished the petitioner’s house after serving notice that his residential property was in a wetland. He filed a Constitutional Petition in the Constitutional Court maintaining that his rights over his property and his right to a hearing and to an appeal had been violated. He claimed that Sections 67, …Read more

The plaintiffs contended that a woman named Nanteza Irene was brought to the Nakaseke Hospital to deliver a child. She had an obstructed labour and did not receive appropriate medical care due to unavailability of the duty doctor (DW4). The plaintiffs sought damages on account of negligent conduct of the hospital in respect of a …Read more

Appellant Rosemary Namubiru was charged with and convicted of committing a negligent act likely to spread infection of disease, contrary to Section 171 of Uganda’s Penal Code Act. Appellant worked as a nurse at Victoria Clinic, a public hospital in Kampala. On 7 January 2013, appellant began intravenous administration of antibiotics to two-year-old Mathew Mushabe. …Read more

Mr. Bukenya’s wife went into labour and was admitted into the Mulago Hospital. She was operated upon by Dr. Kapuru and delivered a child by Caesarean section. The baby was not brought to her when she asked to see the baby. Mr. Bukenya was informed that his wife had delivered a male child and asked …Read more

The petitioners claimed that the lack of provision of basic health maternal commodities in Government Health Facilities and the negligent, unethical behavior of health workers toward expectant mothers in those facilities resulted in violations of the Constitution of the Republic of Uganda (the “Constitution”). Specifically, the petitioners claimed violations of the right to health and …Read more

Nanteza Irene, the deceased, was taken to Nakaseke Hospital for obstetric care and management in order to deliver a child. The plaintiffs asserted that she died because she had an obstructed labor condition and did not receive appropriate medical care and attention. The assigned doctor on duty for the day that she went to the …Read more

The Centre for Health, Human Rights and Development (“CEHURD”) alleged that Uganda passed laws that were (1) degrading to mentally challenged individuals and (2) contrary to the Ugandan Constitution (“Constitution”). The factual issue at hand involved the claim that people with mental disabilities were being detained for long and indefinite periods of time without due …Read more

Petitioner NGO brought a petition requesting that the Court declare that the act of female genital mutilation (FGM) was in violation of various articles of the Uganda Constitution.  The Petitioner argued that FGM was practiced extensively by the certain Ugandan tribes, and that FGM was crudely carried out, involved excruciating pain, could lead to death, …Read more

The applicant, who is the biological mother of infant Peter Ssebuliba, filed a writ of habeas corpus claiming that the infant was being held unlawfully by the respondent pursuant to an invalid adoption order authorized by members of the father’s family without the applicant’s consent. The accounting of the facts varies between the applicant and …Read more

The appellant operated an Allied Professional Health Unit. On July 25, 2008, the respondent, accompanied by the police, entered the appellant’s premises where they “inspected, searched and impounded some drugs found thereon.” The respondent claimed that the premises was not licensed, arrested the appellant, and confiscated the impounded drugs. The High Court dismissed the applicant’s …Read more

K and 417 others were all persons convicted of diverse capital offences under the Penal Codes Act and had been sentenced to death as provided for by the laws of Uganda. They filed a petition in the Constitutional Court under Article 137(3)[1] of the Constitution, challenging the constitutionality of the death penalty. In particular, they …Read more

Applicants were residents of Kyambogo Lower Estate, where they used a common facility for sanitation in the form of septic tanks. The channels leading to those tanks were located on a road reserve and the Respondent intended to erect a perimeter fence around that road reserve. Respondent was given an offer, containing certain terms and …Read more

L, a women’s rights advocacy group, filed two petitions dealing with the constitutional validity of sections of the Ugandan Penal Code Act regarding adultery and sections of the Succession Act regarding gender equality in succession and inheritance. L argued that s 154 of the Penal Code Act was inconsistent with Articles 20,[1] 21,[2] 24,[3] 26,[4] …Read more

The government of Uganda issued a 50 year permit to Kakira Sugar Works Ltd (the company) for growing sugar cane on the Butamira Forest Reserve. This amounted to defacto degazetting of the protected land. The company failed to conduct an Environmental Impact Assessment. Once the company had the permit, it tried to clear the existing …Read more

The Democratic Republic of Congo initiated proceedings before the African Commission on Human and Peoples’ Rights, alleging that the respondent countries (Burundi, Rwanda, and Uganda) committed various human rights violations. The Democratic Republic of Congo alleged that the respondent countries committed multiple massacres against people of the Democratic Republic of Congo including attacking Inga hydroelectric …Read more

The applicant, the Environmental Action Network Ltd (TEAN) brought a notice of motion against British American Tobacco Limited (BAT), alleging that BAT failed to warn consumers of the danger of its tobacco products, violating consumers’ right to life as enshrined in Article 22 of the Constitution of the Republic of Uganda. Further, TEAN requested that …Read more

On June 21, 2001, the petitioner delivered a baby by the roadside and visited the second respondent’s Naguru Maternity Home/Clinic with the baby still attached to her. She received no medical care and was referred to another hospital. The petitioner was unable to walk the distance and was forced to sit outside with her newborn …Read more

The applicant, a public interest organisation, brought an application in the public interest seeking a declaration that unregulated smoking in public areas is a violation of the constitutional rights of non-smokers to life and to a clean and healthy environment. Article 50(2) of Uganda’s Constitution provides that “[a]ny person or organization may bring an action …Read more

Applicant Joseph Eryau made a motion to be heard in opposition to Application No. 39/2001. The declarations being sought in the motion of Application No. 39/2001 would state that “smoking in a public place constitutes a violation of the rights of the non-smoking members of the public to a clean and healthy environment as prescribed …Read more

Applicant Joseph Eryau made a motion to be heard in opposition to Application No. 39/2001. Of the five declarations proposed in the motion of Application No. 39/2001, all but two were struck down (including those orders which criminalized smoking in public places). The remaining two proposed that “smoking in a public place constitutes a violation …Read more

The petitioners, Salvatori Abuki and Richard Obuga, brought a constitutional challenge against their convictions in a Magistrates’ Court for the practice of witchcraft. (Richard Obuga died before the hearing on the petition began leaving only one petitioner, Abuki.) The petitioner was arrested on a complaint of witchcraft and charged with practicing witchcraft in contravention of …Read more