Dr Kizza Besigye & 10 Ors v The Attorney General (Constitutional Petition No. 7 of 2007)
Observed later treatment
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Holding
The respondent raised a preliminary objection that the petition was res judicata under section 7 of the Civil Procedure Act, the matters complained of having been resolved in the Uganda Law Society litigation and upheld on appeal. The Constitutional Court overruled the objection. It held that the present petitioners were not parties to the earlier suits, and that explanation 6 to section 7 did not deem them to claim under the parties to that public interest litigation. The acts of the State complained of were a repetition of earlier acts and had to be heard on their merits. Accordingly the doctrine of res judicata could not be invoked, the preliminary objection was overruled, and costs were to abide the result of the petition.
Outcome
Preliminary objection overruled; petition to proceed to hearing on the merits.
Facts
The respondent, at the commencement of the hearing of the constitutional petition, raised a preliminary objection that the petition was barred by res judicata. The respondent argued that the constitutionality of the acts of security agents at the High Court and of the related General Court Martial proceedings had already been determined in Uganda Law Society v Attorney General (Constitutional Petition No. 18 of 2005), whose majority decisions were upheld by the Supreme Court on appeal. Relying on section 7 of the Civil Procedure Act and its explanation 6, the respondent contended that the petitioners were deemed to claim under the parties to that earlier public interest litigation, particularly as to item 3.2 of the petition concerning the first and second General Court Martial proceedings. The petitioners responded that the petition concerned a second besiege of the High Court premises and a repetition of the State's conduct, and that they had not been parties to the earlier suits.
Issues
- Whether the petition, and in particular item 3.2 thereof, is barred by the doctrine of res judicata under section 7 of the Civil Procedure Act by reason of the earlier decisions in the Uganda Law Society litigation.
Orders
- Preliminary objection overruled.
- Costs shall abide the results of the petition.
Rules and key headnotes
Legislation cited (3)
Cases cited (4)
- Uganda Law Society v Attorney General (Constitutional Petition No. 18 of 2005)
- Attorney General v Uganda Law Society (Constitutional Appeal No. 1 of 2000)
- Karshe v Uganda Transport Co. Ltd [1967] EA 774
- Karia & Another v Attorney General [2005] EA 83
Cases citing this judgment (11)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
- [2026] UGCC 7
- Luyenjje Najjimu and Others v Uganda (Criminal Applications No. 10, 12 & 13 of 2023)
- Basajjabalaba & Another v Attorney General (Constitutional Appeal 1 of 2018)
- Kasande & Anor v Uganda (Constitutional Reference No. 52 of 2010) distinguished
- Malinga & 2 Ors v Akol (Civil Appeal No. 43 of 2011)
- Basajabalaba & Anor v Attorney General (Constitutional Petition No. 12 of 2013)
- Kaitale & 3 Ors v Uganda (Constitutional Reference No. 11 of 2014) distinguished
- Kiiza Besigye v Attorney General (Constitutional Petition No. 13 of 2009)
- Kisawuzi v Walusimbi (Civil Appeal No. 19 of 2010)
- In Re Muhindo Herbert & 6 Ors (HCT) [2012] UGHC 96 followed
- Uganda v Sekabira & 10 Ors (HC CR. CAse No. 0085 of 2010) followed
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.