Wakilii

Kusemerewa v Omukama Oyo & Anor (HCT – 01 – CV – CS – 0012 OF 2013)

High Court · [2017] UGHCCD 134 · 2017 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit challenging the abrogation of the Constitution of the Kingdom of Tooro and the appointment of a Prime Minister
Decision
Suit dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Omukama of Tooro, as a traditional leader under Article 246 of the Constitution of Uganda, had the mandate to suspend the 1999 Constitution of Tooro Kingdom for review purposes without following the amendment procedure laid out in the Tooro Constitution. The court found that the King's supreme status allows him to make such decisions and that the Tooro Kingdom Constitution cannot override the Constitution of Uganda. The appointment of the Prime Minister by the Omukama was held legal, though requiring subsequent approval by the Traditional Assembly. The suit was dismissed.

Outcome

Suit dismissed

Facts

The plaintiff, a member of the Tooro Kingdom, challenged the 1st and 2nd Defendants' abrogation of the 1999 Constitution of the Kingdom of Tooro and the appointment of the 3rd Defendant as Prime Minister. On 17 August 2012, the 1st Defendant (Omukama of Tooro) announced in a meeting, through a report read by Mussuga, that the 1999 Constitution was removed and requested the Council to appoint a committee to draft a new Constitution. The plaintiff contended this action violated the constitutional amendment procedure under Article 3(2) of the Tooro Constitution, which required an Act of Orukurato. The plaintiff also argued that the Prime Minister's appointment contravened Article 27 of the Tooro Constitution as it lacked approval by the Traditional Assembly. The defendants failed to appear despite being served, and the suit proceeded exparte. The plaintiff produced evidence through his own witness statement and that of Karamagi Christopher, both testifying to the constitutional suspension.

Issues

  1. Whether the 1st and 2nd Defendants were right to abrogate the Constitution or/and whether the Tooro Kingdom Constitution could be abrogated?
  2. Whether the Prime Minister of Tooro Kingdom could be appointed without approval of the Traditional Assembly?
  3. What are the remedies available?

Orders

  • The suit is dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Constitutional Law — Traditional and Cultural Institutions — Powers of Traditional Leaders — Supremacy of National Constitution
The Constitution of a traditional or cultural kingdom cannot override the Constitution of the Republic of Uganda, and a traditional leader's decisions made pursuant to powers derived from the national Constitution take precedence over procedures laid out in a kingdom constitution.
Constitutional Law — Traditional and Cultural Institutions — Status and Powers of Traditional Leaders — Corporate Sole
Under Article 246 of the Constitution of Uganda, a traditional leader is a corporation sole with perpetual succession and capacity to sue and be sued, and the King as supreme traditional leader has liberty to make decisions by virtue of his supreme status, including decisions affecting the kingdom's constitutional order.
Constitutional Law — Traditional and Cultural Institutions — Constitutional Amendment — Suspension of Kingdom Constitution
A traditional leader acting under the authority of Article 246 of the Constitution of Uganda has the mandate to suspend a kingdom constitution for purposes of constitutional review without following the amendment procedures specified in the kingdom constitution itself.
Administrative Law — Appointments — Powers of Traditional Leaders — Prime Minister of Traditional Kingdom
A traditional leader has power to appoint a Prime Minister or similar office holder to assist with duties, and such appointment is legal even where approval by a Traditional Assembly is required, as the duty to approve is distinct from the power to appoint.

Legislation cited (7)

Cases cited (1)

  • Prince J. D. C Mpuga Rukidi v Prince Solomon Kioro and Others (Civil Appeal No. 15 of 1994)

Full judgment

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

Kusemerewa v Omukama Oyo & Anor (HCT – 01 – CV – CS – 0012 OF 2013) [2017] UGHCCD 134 (31 October 2017)
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.