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Rwangomani Amos v Uganda Peoples Defence Forces (UPDF) and Others (Miscellaneous Cause No 299 of 2025)

High Court · [2026] UGHCCD 46 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for writ of habeas corpus ad subjiciendum to compel production of missing person allegedly detained by military forces
Decision
Writ of habeas corpus granted; respondents ordered to produce the missing person and file a return by 16 March 2026

Observed later treatment

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Holding

The High Court granted a writ of habeas corpus ad subjiciendum directing respondents to produce the missing applicant, allegedly detained by military forces since August 2025, but declined to award damages at this stage. The court held that proper personal service of the writ on all respondents is mandatory before contempt proceedings can be invoked, and that the primary objective of habeas corpus is to establish the whereabouts of the missing person before addressing claims for damages.

Outcome

Writ of habeas corpus granted; respondents ordered to produce the missing person and file a return by 16 March 2026

Facts

Rwangomani Amos Turinawe was allegedly arrested and detained by officers of the Uganda Peoples Defence Forces Special Forces Command on 14 August 2025 without charges. His spouse and friend filed an ex parte application for habeas corpus. A previous habeas corpus application (MC 0225 of 2025) had been filed, and a return was filed denying detention at Kasenyi Military Training School. The applicant relied on supplementary evidence including YouTube video links of interviews with Kenyan citizens Bob Njagi and Nicholas Oyoo, who claimed they were detained with the applicant at Kasenyi Military barracks and later transferred to Lunnyo in Entebbe. The applicant had not been allowed access to family, lawyers, or next of kin. The Inspector General of Police filed a return stating the applicant was not in police custody, but other respondents did not file returns as required by law.

Issues

  1. What remedies are available to the applicant?

Orders

  • A writ of habeas corpus ad subjiciendum issues jointly and severally directing the respondents, their agents, servants, employees or any person acting under them to produce Rwangomani Amos Turinawe dead or alive before this honourable court.
  • The respective officers currently heading the office of the 2nd and the 3rd respondents together with the 5th respondent as the Cabinet Minister of Internal Affairs are directed to compel the relevant security department, agency or directorate to produce the applicant dead or alive and the applicant is released from illegal detention by the officers of the 1st, 2nd, 3rd and 4th respondents.
  • The writ of habeas corpus ad subjiciendum and notice shall be served on all the respondents as required and prescribed by Rule 8 of the Judicature (Habeas Corpus) Rules SI 13-6.
  • A return shall be filed in this court by the respondents on the 16th day of March 2026.
  • This matter shall be fixed for mention on the 17th day of March 2026 at 8am.
  • The prayers for damages and costs are declined at this stage as premature.

Rules and key headnotes

Constitutional Law — Habeas Corpus — Non-Derogable Right
The right to an order for habeas corpus under Article 23(9) of the Constitution of Uganda 1995 is inviolable and cannot be suspended, being a non-derogable right under Article 44(d).
Civil Procedure — Habeas Corpus — Personal Service Requirement
A writ of habeas corpus ad subjiciendum must be served personally on the custodian of the detained or missing individual because the writ is directed against the person exercising actual control over the detention, and personal service ensures accountability and prevents evasion.
Civil Procedure — Habeas Corpus — Mandatory Return Requirement
Respondents to a writ of habeas corpus are required by Rules 7, 8, and 9(1) of the Judicature (Habeas Corpus) Rules SI 13-6 to file a return to the writ in the prescribed format, and this is a mandatory requirement that must be obeyed even if a party believes the order is wrong.
Evidence — Electronic Evidence — Admissibility Requirements
The test of admissibility of electronic evidence under sections 7 and 8 of the Electronic Transactions Act requires that the foundation of the evidence be led to ascertain the manner in which the basic data was entered and the method of storing the data, and in the absence of the chain of evidence being established, the electronic evidence is inadmissible.
Civil Procedure — Habeas Corpus — No Bar to Successive Applications
As long as a person is missing, there is no bar to further similar applications for habeas corpus, especially in light of new evidence that was not available to the parties at the time of filing previous applications, and the court cannot rely on returns filed in prior matters as circumstances may have changed.
Civil Procedure — Habeas Corpus — Damages Premature Before Production
In habeas corpus proceedings, claims for damages and costs are premature at the stage of granting the writ, as the cardinal objective is first to establish the whereabouts of the missing person.

Legislation cited (9)

Cases cited (5)

  • Jovia Karuhanga v The Inspector General of Police (Miscellaneous Cause No. 86 of 2013)
  • Ex parte Bollman, 1807
  • Boumediene v. Bush, 2008
  • Mugumya Sam v Chief of Defence Forces and Others (Miscellaneous Cause No. 0227 of 2025)
  • Stanbic Bank (U) Ltd & Anor v Commissioner General Uganda Revenue Authority (2010)

Full judgment

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

Rwangomani Amos v Uganda Peoples Defence Forces (UPDF) and Others (Miscellaneous Cause No 299 of 2025) [2026] UGHCCD 46 (26 February 2026)
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.