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Serwadda v Attorney General & Another (Consitutional Petition 34 of 2016)

Constitutional Court · [2025] UGCC 1 · 2025 Petition Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Constitutional petition under Article 137(3) seeking declarations and release of seized funds; determined on a preliminary objection as to jurisdiction
Decision
Petition dismissed for want of jurisdiction with no order as to costs

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Holding

The Constitutional Court upheld the respondents' preliminary objection and dismissed the petition for want of jurisdiction. Following Tinyefuza and Ismail Serugo, the court held that its jurisdiction under Article 137 is confined to questions requiring interpretation of the Constitution; it cannot, in isolation, merely enforce constitutional rights or freedoms. The petitioner's grievance — that the police and Bank of Uganda unlawfully continued to hold UGX 406,000,000 seized from him — sought enforcement of his property rights and recovery of money, matters already litigated and dismissed by the High Court. The petition was therefore a disguised appeal raising no question of constitutional interpretation, and the court declined to consider its substantive grounds.

Facts

On 27 May 2014 the petitioner's money, amounting to UGX 406,000,000, was seized by the police and deposited with Bank of Uganda. The petitioner obtained a Chief Magistrate's Court order for its release, but on the DPP's application the High Court set that order aside and allowed the police to continue holding the money pending completion of investigations. In March 2015 the DPP, and later the Attorney General, instructed the Director CID to release the money, but the directives were ignored. The Bank of Uganda explained that the sending bank, Banco Santander in Spain, and the account holder had recalled the funds, which were said to have been transmitted to the petitioner's account fraudulently on a forged cheque. The petitioner's earlier application for judicial review and an order of mandamus to compel release of the funds was dismissed by the High Court (Kabiito, J). He then brought this constitutional petition alleging contravention of Articles 26, 119 and 120.

Issues

  1. Whether the petition raised a question requiring interpretation of the Constitution so as to vest the Constitutional Court with jurisdiction under Article 137.
  2. Whether the petition was in substance a disguised appeal against the prior decision of the High Court refusing to order release of the funds.

Orders

  • Preliminary objection upheld.
  • Petition dismissed for want of jurisdiction.
  • No order as to costs.

Key headnotes

Constitutional Law — Jurisdiction of the Constitutional Court — Article 137 — Interpretation versus enforcement of rights
The Constitutional Court has jurisdiction under Article 137 only where the determination of the dispute depends on the interpretation of a provision of the Constitution; it has no original jurisdiction merely to enforce rights and freedoms in isolation from interpreting the Constitution.
Constitutional Law — Competence of petition — Disguised appeal
A petition that seeks enforcement of personal rights and recovery of relief already refused by a court of competent jurisdiction, without raising any question requiring constitutional interpretation, amounts to a disguised appeal and is incompetent before the Constitutional Court.
Civil Procedure — Preliminary objection — Point of law disposing of whole suit
A point of law going to jurisdiction may be raised and disposed of as a preliminary objection under Order 6 rule 28 of the Civil Procedure Rules, and where it is resolved in the affirmative it disposes of the entire petition without the need to consider the substantive grounds.

Legislation cited (12)

  • Constitution of the Republic of Uganda 1995 art.137(3)
  • Constitution of the Republic of Uganda 1995 art.137(4)
  • Constitution of the Republic of Uganda 1995 art.137(7)
  • Constitution of the Republic of Uganda 1995 art.26
  • Constitution of the Republic of Uganda 1995 art.119(4)(a)
  • Constitution of the Republic of Uganda 1995 art.120(3)(a)
  • Constitution of the Republic of Uganda 1995 art.120(5)
  • Constitution of the Republic of Uganda 1995 art.120(6)
  • Constitution of the Republic of Uganda 1995 art.212
  • Constitutional Court (Petitions and References) Rules S.I. 91 of 2005 r.23
  • Civil Procedure Rules Order 6 rule 28
  • Police Act, Cap 303

Cases cited (3)

  • Dr James Rwanyarare and Another v Attorney General (Constitutional Petition No. 5 of 1999)
  • Ismail Serugo v. Kampala City Council, Constitutional Reference No. 8 of 2016
  • Attorney General v Tinyefuza (Constitutional Appeal No. 1 of 1997)
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.