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Salima Namusobya and Another v Ferdsult Engineering Service Limited and Others (Civil Appeal No. 157 of 2017; Civil Application No. 155 of 2018)

Court of Appeal · [2026] UGCA 119 · 2026 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for leave to be admitted as amici curiae, arising in a pending civil appeal (Civil Appeal No. 157 of 2017)
Decision
Application granted; applicants admitted as amici curiae in Civil Appeal No. 157 of 2017

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Holding

The applicants sought leave to be admitted as amici curiae in a pending civil appeal concerning natural resources and the rights of indigenous communities. Applying Rule 5 of the Judicature (Amicus Curiae) Rules, SI 54 of 2022, the Court held that admission requires that the applicant be neutral and impartial, that the submissions provide assistance not otherwise available, that the points of law or fact be novel and aid jurisprudence, and that participation be in the public interest. The Court found the applicants independent of the dispute, demonstrably expert in human rights and corporate accountability, and proposing to address novel questions on indigenous rights and free, prior and informed consent. The application succeeded and the applicants were admitted as amici curiae.

Facts

The applicants, an Executive Director and a social and economic rights organisation, applied for leave to be admitted as amici curiae in a pending civil appeal arising from a High Court decision concerning natural resources. They averred extensive expertise in human rights and corporate accountability, independence from the parties, and an intention to make submissions on the rights of indigenous Ugandan communities, the right to free, prior and informed consent, and the doctrine of meaningful engagement. The first applicant attached a curriculum vitae demonstrating service on regional human rights bodies; the second applicant hosts the Uganda Consortium on Corporate Accountability. The respondents, though duly served, did not appear, and the matter proceeded ex parte.

Issues

  1. Whether the Court should grant the applicants leave to be admitted as amici curiae in Civil Appeal No. 157 of 2017.

Orders

  • The application succeeds.
  • The applicants are admitted as amici curiae in Civil Appeal No. 157 of 2017.
  • The applicants shall file their submissions within the timelines directed by the Registrar.
  • No order as to costs, given the public interest nature of the application.

Key headnotes

Civil Procedure — Amicus Curiae — Requirements for admission under Rule 5 of the Judicature (Amicus Curiae) Rules
A court may admit a person or organisation as amicus curiae only where it is satisfied that the applicant is neutral and impartial, that the submissions will provide assistance not otherwise available to the court, that the points of law or fact are novel and will aid the development of jurisprudence, and that participation is in the public interest.
Civil Procedure — Amicus Curiae — Impartiality and independence
An applicant for admission as amicus curiae must demonstrate independence from the dispute and have no vested interest in its outcome before the impartiality requirement can be satisfied.
Civil Procedure — Amicus Curiae — Novelty and public interest
Admission as amicus curiae is justified where the proposed submissions address gaps in the legal framework not fully canvassed by the parties and the issues touch on matters of public interest such as constitutional rights, natural resources and community participation.

Legislation cited (15)

  • Constitution of Uganda art.1
  • Constitution of Uganda art.17
  • Constitution of Uganda art.126(1)
  • Constitution of Uganda art.127
  • Constitution of Uganda art.128(3)
  • Civil Procedure Act s.98
  • Civil Procedure Act s.10
  • Civil Procedure Act s.11
  • Civil Procedure Act s.33
  • Civil Procedure Act s.71
  • Civil Procedure Rules Order 52
  • Judicature (Court of Appeal Rules) Directions r.2(2)
  • Judicature (Amicus Curiae) Rules SI 54 of 2022 r.4
  • Judicature (Amicus Curiae) Rules SI 54 of 2022 r.5
  • Judicature (Amicus Curiae) Rules SI 54 of 2022 r.8(1)

Cases cited (5)

  • In Re Application for Leave to Intervene as Amicus Curiae by Prof. J. Oloka Onyango and 8 Others (Civil Application No. 2 of 2016)
  • Trusted Society of Human Rights Alliance v Mumo Matemo & 5 Others [2014] eKLR
  • Re Application to be Admitted as Amicus Curiae by the Bank of Uganda (Civil Application No. 16 of 2021)
  • Occupiers of 51 Olivia Road, Johannesburg v City of Johannesburg and Others [2008] ZACC 1
  • Residents of Joe Slouo Community
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.