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Eddie Kwizera Wa-Gahungu v Attorney General and 2 Others (Constitutional Petition No. 2 of 2019)

Constitutional Court · [2021] UGCC 4 · 2021 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Constitutional petition under Article 137(3) of the Constitution challenging High Court proceedings
Decision
Petition dismissed for want of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Constitutional Court dismissed the petition for want of jurisdiction. The petitioner complained that he was denied a hearing when the High Court Registrar gave one day's notice and heard an application without joining him. The Court held these were purely procedural grievances against a judicial officer, for which the petitioner had remedies by setting aside, review or appeal, and which did not depend on the interpretation of the Constitution. Under Article 137, the Constitutional Court has jurisdiction only where a matter turns on constitutional interpretation; a petition disclosing no such question, and one that could not even succeed under Article 50, must be dismissed. A litigant cannot be joined as a party by writing a letter rather than filing a formal application.

Outcome

Petition dismissed for want of jurisdiction

Facts

The petitioner and the second respondent contested the NRM primary election for the Bufumbira East parliamentary flag bearer in 2015. The second respondent was declared the winner, and the petitioner filed Civil Suit No. 47 of 2015 alleging malpractices, which was dismissed on a preliminary point. Both men were later nominated as independent candidates by the Electoral Commission. The second respondent and the NRM then filed Miscellaneous Cause No. 1 of 2016 seeking to compel the Electoral Commission to nominate him as the NRM flag bearer. On learning of the hearing, the petitioner wrote to the High Court Registrar at Kabale expressing his wish to be joined, but did not file a formal application. The Registrar gave one day's notice, the matter was heard without joining the petitioner, and the court ordered the Electoral Commission to nominate the second respondent. The petitioner brought this constitutional petition complaining that the denial of a hearing violated his rights.

Issues

  1. Whether the act of the Registrar of the High Court in giving one day's notice of the hearing of Miscellaneous Cause No. 1 of 2016 contravened Articles 21(1) and 28(1) of the Constitution.
  2. Whether hearing Miscellaneous Cause No. 1 of 2016 without affording the petitioner an opportunity to be heard contravened Article 28(1) of the Constitution.
  3. Whether the decision compelling the third respondent to nominate the second respondent contravened Articles 28(1) and 126(1) of the Constitution.
  4. Whether the petition disclosed a question of constitutional interpretation within the jurisdiction of the Constitutional Court under Article 137.

Orders

  • The petition is dismissed for want of jurisdiction.
  • Costs awarded to the 2nd respondent.
  • No order as to costs for the 1st and 3rd respondents.

Rules and key headnotes

Constitutional Law — Jurisdiction of the Constitutional Court — Article 137 — requirement of a question of constitutional interpretation
The Constitutional Court has jurisdiction under Article 137 only where the determination of the matter before it depends on the interpretation of a provision of the Constitution; a petition that discloses no question of constitutional interpretation must be dismissed for want of jurisdiction.
Constitutional Law — Constitutional petitions — reliance on Article 50 without Article 137
A petition cannot rely solely on Article 50 or any other Article of the Constitution to enforce rights without reference to Article 137; it is Article 137 that confers jurisdiction on the Constitutional Court, and the petition must disclose a question requiring interpretation of the Constitution.
Civil Procedure — Joinder of parties — a litigant cannot move the court by letter
A litigant cannot move the court by letter; a person seeking to be joined as a party to proceedings must file a formal application, and a letter to the Registrar expressing such a wish has no force of law and forms no part of the pleadings on record.
Constitutional Law — Procedural grievances against judicial officers — availability of appeal, setting aside and review
Where a person aggrieved by an order of court has procedural remedies — applying to set the order aside, seeking review, or appealing — such procedural grievances against a judicial officer do not raise constitutional questions, and there is no need to petition the Constitutional Court or to sue the Attorney General in respect of them.

Legislation cited (13)

Cases cited (3)

  • Mpungu Transporters v Attorney General (Civil Appeal No. 17 of 2001)
  • Attorney General v Major General David Tinyefuza (Constitutional Appeal No. 1 of 1997)
  • Ismael Serugo v Kampala City Council (Constitutional Appeal No. 2 of 1998)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Eddie Kwizera Wa-Gahungu v Attorney General and 2 Others (Constitutional Petition No. 2 of 2019) [2021] UGCC 4 (27 April 2021)
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.