Rules of the Constitutional Court (Petitions for Declarations under Article 137 of the Constitution) Directions

1. Citation

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This section states the governing statutory rule for “Citation”.

“Citation”

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No section-specific amendment note or instrument-level amendment history appears in this consolidation.

2. Modification of S.I. No. 26 of

SCHEDULE.

Legal Notice No. 4 of 1996.

THE JUDICATURE STATUTE, 1996.

The Rules of the Constitutional Court (Petitions for Declarations under article 137 of the Constitution) Directions, 1996. In Exercise of the powers conferred on the Chief Justice by paragraph (c) of subsection (2) of section 51 of the Judicature Act No. 13 Statute, 1996, these Directions are issued this 5th day of June 1996. of 1996.

Title. 1. These Directions may be cited as the Rules of the Constitutional Court (Petitions for Declarations under article 137 of the Constitution) Directions, 1996.

Modification by

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This section confers or regulates the statutory power described as “Modification of S.I. No. 26 of”.

“SCHEDULE.”

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The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

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1

Title. 1. These Directions may be cited as the Rules of the Constitutional Court (Petitions for Declarations under article 137 of the Constitution) Directions, 1996.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Judicature Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

2. The Fundamental Rights and Freedoms (Enforcement

Directions Procedure) Rules, 1992 are modified in their application to the ofSXNd. 26 of 1992. Constitutional Court so as to read as set out in the Schedule to these Directions.

SCHEDULE

THE FUNDAMENTAL. RIGHTS AND FREEDOMS (ENFORCEMENT'PROCEDURE) RULES, 1992.

Title. 1. These Rules may be cited as the Fundamental Rights and Freedoms (Enforcement Procedure) Rules, 1992.

Interpre 2. In these Rules, unless the context otherwise requirestation.

"Court" means the Constitutional Court of Uganda estab lished by article 137 of the Constitution of 1995;

"petition" means the petition of an aggrieved party seeking to institute proceedings for a declaration or redress under clause (3) of article 137 of the Constitution; and

"Registrar" means the Registrar of the Court.

3. (1) The petition prescribed by clause

(3)

of article 137 of the Fomof Constitution shall be in the Form specified in the Schedule to these Rules. pctlt10'1' (2) Every petition shall-

(a)

state the right of a petitioner to present the petition in accordance with clause (3) of article 137 of the Constitution;

(b)

state the grievance of the petitioner together with the statement of the grounds relied upon to sustain the prayer in the petition;

(c)

be divided into paragraphs numbered consecutively, each of which shall be confined, as nearly as may be, to a distinct irregularity complained of.

(3)

No costs shall be allowed for the drawing or copying of any petition not substantially in compliance with this rule, unless the Court otherwise orders.

(4)

The petition shall conclude with a prayer as for instance that the Court may- (a) grant a declaration that an Act of Parliament or any other law or anything in or done under the authority of any law is inconsistent with the Constitution; or (b) grant a declaration that any act or omission by any person or authority, is inconsistent with or in contravention of a provision of the Constitution; or (c) grant an order of redress; or (d) refer the matter to the High Court to investigate and deter mine the appropriate redress.

(5)

At the foot of the petition shall be stated-

(a)

the address of the place where personal service can be effected on the petitioner and on any respondent to the petition;

(b)

a note signed by the petitioner giving the name of the petitioner's Advocate or stating that the petitioner acts for himself or herself.

(6)

The petition shall be accompanied by an affidavit setting out the facts relating to the grievance complained of by the petitioner and the redress prayed for in the petition.

(7)

The petition shall also be accompanied by a list of any documents on which the petitioner intends to rely.

Presentation 4. (1) The petition shall be presented by the petitioner by lodging of petition. it in person, or, by or through his or her advocate, if any, named at the foot of the petition, at the office of the Registrar and shall be lodged within thirty days after the date of the breach of the Constitution com plained of in the petition.

(2)

With the petition shall be delivered eight copies of the petition for use by the Court and for service on the Attorney-General.

(3)

The petitioner or the advocate of the petitioner, if any, shall, at the time of presenting the petition, pay such fees as would be paid under the Court Fees Rules 1987, as amended by the Courts Fees S.I. No. 20 (Amendment) Rules, 1991, for. the submission of a special case to 1991. include hearing, and a further deposit of one hundred thousand Shillings as security for costs.

(4)

If subrule (3) of this rule is not complied with, the petition shall not be received by the Registrar.

Service. 5. (1) Immediately upon presentation of the petition, the petitioner shall serve a copy of the petition on the respondent.

(2)

If the Attorney-General is not a respondent to the petition, the Registrar shall serve a copy of the petition on the Attorney- General.

(3)

Service of a document referred to in these Rules on a respondent shall be personal, except as provided in subrule (4) of this rule.

(4)

Where a respondent cannot be found within five days for effecting personal service on him or her, the petitioner or his or her advocate shall immediately make an application to the Court supported by an affidavit, stating that all reasonable efforts have been made to effect personal service on the respondent but without success.

(5)

If the Court on an application under subrule (4) is satisfied that all reasonable efforts have been made to effect personal service on the respondent but without success, the Court may order that service be effected in any of the ways prescribed by Order V of the Civil Procedure Rules for service, other than personal service, fixing the day S.I. 65-1. for appearance within five days.

(6)

The Registrar shall, in any case, post on the Court notice board a copy of the petition.

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What this section does

Statutory power

This section confers or regulates the statutory power described as “(1) The petition prescribed by clause”.

“(3) of article 137 of the Fomof Constitution shall be in the Form specified in the Schedule to these Rules. pctlt10'1' (2) Every petition shall-”

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The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

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Elements or requirements

Operative requirements extracted from the consolidated text.

19

(3) of article 137 of the Fomof Constitution shall be in the Form specified in the Schedule to these Rules. pctlt10'1' (2) Every petition shall-
(a) state the right of a petitioner to present the petition in accordance with clause (3) of article 137 of the Constitution;
(b) state the grievance of the petitioner together with the statement of the grounds relied upon to sustain the prayer in the petition;
(c) be divided into paragraphs numbered consecutively, each of which shall be confined, as nearly as may be, to a distinct irregularity complained of.
(3) No costs shall be allowed for the drawing or copying of any petition not substantially in compliance with this rule, unless the Court otherwise orders.
(4) The petition shall conclude with a prayer as for instance that the Court may- (a) grant a declaration that an Act of Parliament or any other law or anything in or done under the authority of any law is inconsistent with the Constitution; or (b) grant a declaration that any act or omission by any person or authority, is inconsistent with or in contravention of a provision of the Constitution; or (c) grant an order of redress; or (d) refer the matter to the High Court to investigate and deter mine the appropriate redress.
(5) At the foot of the petition shall be stated-
(a) the address of the place where personal service can be effected on the petitioner and on any respondent to the petition;

11 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

6. (1) A respondent on whom a-petition

has been served shall, Answer of within three days after the service of the petition on him or her, furnish respondent to the Registrar in writing, signed by the respondent or the advocate of the respondent, an address to which any document may be sent relat ing to the proceedings on the petition and intended for the respondent.

(2)

If the respondent fails to comply with subrule (1) of this rule, the Registrar shall post up every such document as is referred to in that subrule on the Court notice board, and the posting up shall be sufficient notice of it to the respondent.

(3)

If the respondent wishes to oppose the petition, the respondent shall, within seven days after the petition was served on him or her, file an answer to the petition.

(4)

The respondent's answer shall be lodged with the Registrar together with eight copies of it for use by the Court and for service on the Attorney-General, if the Attorney-General is not a respondent.

(5)

The answer of the respondent shall be accompanied by- fa) an affidavit stating the facts upon which the respondent relies in support of his or her answer; and

(h)

a fee of ten thousand Shillings.

(6)

The respondent shall, immediately upon lodging his or her answer with the Registrar, serve a copy of the answer on the petitioner or his or her advocate.

(7)

Where the respondent requires further particulars of the petition, he or she shall apply for the particulars together with the answer.

(8)

The petitioner shall, subject to the directions of the Court, supply any particulars requested under subrule (7) within fourteen days after the service on the petitioner of a request for the particulars by the respondent. Unopposed 7. (1) If a respondent upon whom a petition has been served, petition. intends not to oppose the petition, he or she shall lodge a written notice of that intention signed by the respondent at the office of the Registrar at least three days before the day appointed for trial, exclusive of the day on which the notice is filed.

(2)

The respondent shall provide to the Registrar with the notice at the time of lodging it, a sufficient number of copies of the notice for use by the Court and for service on the Attorney-General and other respondents if any.

(3)

The respondent shall, immediately upon lodging the notice, serve a copy on the petitioner or on his or her advocate. (4) If a notice is filed under subrule (1), the Registrar shall forthwith serve a copy of the notice on the Attorney-General, if the Attorney-General is not a respondent, and post up a copy of the notice on the Court notice board. (5) Notwithstanding that the petition is not opposed, it shall not be abated on that account. Place and (1) The trial of a petition shall be held at such time and place

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What this section does

Statutory power

This section confers or regulates the statutory power described as “(1) A respondent on whom a-petition”.

“has been served shall, Answer of within three days after the service of the petition on him or her, furnish respondent to the Registrar in writing, signed by the respondent or the advocate of the respondent, an address to which any document may be sent relat ing to the proceedings on the petition and intended for the respondent.”

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Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

10

(2) If the respondent fails to comply with subrule (1) of this rule, the Registrar shall post up every such document as is referred to in that subrule on the Court notice board, and the posting up shall be sufficient notice of it to the respondent.
(3) If the respondent wishes to oppose the petition, the respondent shall, within seven days after the petition was served on him or her, file an answer to the petition.
(4) The respondent's answer shall be lodged with the Registrar together with eight copies of it for use by the Court and for service on the Attorney-General, if the Attorney-General is not a respondent.
(5) The answer of the respondent shall be accompanied by- fa) an affidavit stating the facts upon which the respondent relies in support of his or her answer; and
(h) a fee of ten thousand Shillings.
(6) The respondent shall, immediately upon lodging his or her answer with the Registrar, serve a copy of the answer on the petitioner or his or her advocate.
(7) Where the respondent requires further particulars of the petition, he or she shall apply for the particulars together with the answer.
(8) The petitioner shall, subject to the directions of the Court, supply any particulars requested under subrule (7) within fourteen days after the service on the petitioner of a request for the particulars by the respondent. Unopposed 7. (1) If a respondent upon whom a petition has been served, petition. intends not to oppose the petition, he or she shall lodge a written notice of that intention signed by the respondent at the office of the Registrar at least three days before the day appointed for trial, exclusive of the day on which the notice is filed.

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

8. lime of trial

as the Court shall direct. (2) Where the petition and answer have been duly served, and any application for further and belter particulars has been determined or, as the case may be, where notice of intention not to oppose has been served, the Court shall set a date for trial of the petition which shall be within seven days after the date on which further and better particulars were ordered or agreed to be given.

(3)

The Court shall, in any case, fix the date for the trial of the petition within seven days after the due service of the petition on the respondent where the respondent has neither filed an answer to the petition nor filed a notice of intention not to oppose the petition. (4) In a case to which subrule (3) of this rule applies, or where the respc.ident has filed a notice of intention not to oppose the petition, the petition shall, unless withdrawn, proceed to be heard and deter mined ex parte so far as the respondent is concerned.

(5)

Notice of the time and place of trial shall be given by the Registrar as soon as possible in the following manner- (a) by posting up a notice on the Court notice board;

(b)

by sending a copy of the notice to each party to the proceedings and to the Attorney-General if the Attorney-General is not a party to the proceedings.

(6)

If, after notice of trial has been given, as provided in this rule, and before the trial has begun the Registrar receives-

(a)

information of the death of the sole petitioner or the survivor of several petitioners; or (b) notice of the petitioner's intention to apply for leave to withdraw the petition, the Registrar shall forthwith, countermand the notice of trial, and the countennand shall be given in the same manner as nearly as may be, as the notice of trial.

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What this section does

Statutory power

This section confers or regulates the statutory power described as “lime of trial”.

“as the Court shall direct. (2) Where the petition and answer have been duly served, and any application for further and belter particulars has been determined or, as the case may be, where notice of intention not to oppose has been served, the Court shall set a date for trial of the petition which shall be within seven days after the date on which further and better particulars were ordered or agreed to be given.”

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The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(3) The Court shall, in any case, fix the date for the trial of the petition within seven days after the due service of the petition on the respondent where the respondent has neither filed an answer to the petition nor filed a notice of intention not to oppose the petition. (4) In a case to which subrule (3) of this rule applies, or where the respc.ident has filed a notice of intention not to oppose the petition, the petition shall, unless withdrawn, proceed to be heard and deter mined ex parte so far as the respondent is concerned.
(5) Notice of the time and place of trial shall be given by the Registrar as soon as possible in the following manner- (a) by posting up a notice on the Court notice board;
(b) by sending a copy of the notice to each party to the proceedings and to the Attorney-General if the Attorney-General is not a party to the proceedings.
(6) If, after notice of trial has been given, as provided in this rule, and before the trial has begun the Registrar receives-
(a) information of the death of the sole petitioner or the survivor of several petitioners; or (b) notice of the petitioner's intention to apply for leave to withdraw the petition, the Registrar shall forthwith, countermand the notice of trial, and the countennand shall be given in the same manner as nearly as may be, as the notice of trial.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

9. (1)

A petition shall be tried in open court by an odd number Trial in pf Justices of the Court not being less than five. open court'

(2)

Where any Justice of the Court is prevented by illness or any other reason from attending the hearing of a petition, another Justice may be substituted and the hearing shall continue subject to subrule (1) of this rule.

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What this section does

Statutory power

This section confers or regulates the statutory power described as “(1)”.

“A petition shall be tried in open court by an odd number Trial in pf Justices of the Court not being less than five. open court'”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(2) Where any Justice of the Court is prevented by illness or any other reason from attending the hearing of a petition, another Justice may be substituted and the hearing shall continue subject to subrule (1) of this rule.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

10. (I)

The Court shall, in accordance with sub-clause (7) of article Expeditious 137 of the Constitution, inquire into and determine the petition as soon hc*nn* as possible and may for that purpose, suspend any other matter pending before it (2) The Court shall sit from day to day and may, for the purposes of hearing, and determining the petition, sit during Sundays and on public holidays where it considers it necessary for ensuring compliance with clause (7) of article 137 of the Constitution.

(3)

In any case, the Court or the Deputy Chief Justice may order that the Registry of the Court shall stay open on Sundays and public holidays to facilitate the filing and service of documents connected with the proceedings of the petition.

Adjourn 11. The Court may, in exceptional circumstances on application ments. by a party to the petition, or of its own motion, adjourn the trial of a petition from time to time.

Evidence at 12. (1) All evidence at the trial in favour of or against the petition trial. shall be by way of affidavit read in open court.

(2)

With the, leave of the Court, any person swearing an affidavit which is before the Court, may be cross examined by the opposite party and re-examined by the party on behalf of whom the affidavit is sworn.

(3)

The Court may, of its own motion, examine any witness or call and examine or recall any witness if the Court is of the opinion that the evidence of the witness is likely to assist the Court to arrive at a just decision.

(4)

A person summoned as a witness by the Court under subnile (3) may, with the leave of the Court, be cross-examined by the parties to the petition.

(5)

The Court may refer the matter to the High Court to investigate and determine the appropriate redress.

Procedure 13. (1) Subject to the provisions of these Rules, the practice and generally. Cap. 65. procedure in respect of a petition shall be regulated, as nearly as may be, in accordance with the Civil Procedure Act and the Rules made under that Act relating to the trial of a suit in the High Court with such modifications as the Court may consider necessary in the interest of justice and expedition of the proceedings.

(2)

For the purposes of appeals against a decision of the Court under clause (3) of article 132 of the Constitution, the Supreme Court Rules shall apply with such modifications as may be necessary.

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What this section does

Statutory power

This section confers or regulates the statutory power described as “(I)”.

“The Court shall, in accordance with sub-clause (7) of article Expeditious 137 of the Constitution, inquire into and determine the petition as soon hc*nn* as possible and may for that purpose, suspend any other matter pending before it (2) The Court shall sit from day to day and may, for the purposes of hearing, and determining the petition, sit during Sundays and on public holidays where it considers it necessary for ensuring compliance with clause (7) of article 137 of the Constitution.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(3) In any case, the Court or the Deputy Chief Justice may order that the Registry of the Court shall stay open on Sundays and public holidays to facilitate the filing and service of documents connected with the proceedings of the petition.
(2) With the, leave of the Court, any person swearing an affidavit which is before the Court, may be cross examined by the opposite party and re-examined by the party on behalf of whom the affidavit is sworn.
(3) The Court may, of its own motion, examine any witness or call and examine or recall any witness if the Court is of the opinion that the evidence of the witness is likely to assist the Court to arrive at a just decision.
(4) A person summoned as a witness by the Court under subnile (3) may, with the leave of the Court, be cross-examined by the parties to the petition.
(5) The Court may refer the matter to the High Court to investigate and determine the appropriate redress.
(2) For the purposes of appeals against a decision of the Court under clause (3) of article 132 of the Constitution, the Supreme Court Rules shall apply with such modifications as may be necessary.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Civil Procedure Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

14. Where more petitions than one are presented in relation to the Consoli dation of same matter

the Court may direct that some or all of those petitions be petitions dealt with as one petition.

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What this section does

Statutory power

This section confers or regulates the statutory power described as “Where more petitions than one are presented in relation to the Consoli dation of same matter”.

“the Court may direct that some or all of those petitions be petitions dealt with as one petition.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

the Court may direct that some or all of those petitions be petitions dealt with as one petition.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

15. (1)

A petition shall abated by the death of a sole petitioner or Death of petitioner of the survivor of two or more petitioners. (2) The abatement shall not affect the liability of the petition er or any other person to the payment of costs previously incurred.

(3)

If the Registrar is satisfied of the death of a sole petitioner or the survivor of several petitioners, the Registrar shall forthwith, cause a notice of it to be posted on the notice board of the Court.

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What this section does

Mandatory duty

This section imposes mandatory requirements concerning “(1)”.

“A petition shall abated by the death of a sole petitioner or Death of petitioner of the survivor of two or more petitioners. (2) The abatement shall not affect the liability of the petition er or any other person to the payment of costs previously incurred.”

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Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

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Elements or requirements

Operative requirements extracted from the consolidated text.

1

(3) If the Registrar is satisfied of the death of a sole petitioner or the survivor of several petitioners, the Registrar shall forthwith, cause a notice of it to be posted on the notice board of the Court.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

16. If

the respondent to a petition dies, the petition shall not on Death of respondent that account be abated, but shall continue

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What this section does

Mandatory duty

This section imposes mandatory requirements concerning “If”.

“the respondent to a petition dies, the petition shall not on Death of respondent that account be abated, but shall continue”

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Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

the respondent to a petition dies, the petition shall not on Death of respondent that account be abated, but shall continue

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

17. (1)

A petition shall not be withdrawn until notice has been Withdrawal of petition given to the respondents as the Court may direct.

(2)

Where the respondent has been served with notice of withdrawal, the Court may give leave to the petitioner to withdraw the petition on such terms as to costs and otherwise as the Court may deem fit.

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Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “(1)”.

“A petition shall not be withdrawn until notice has been Withdrawal of petition given to the respondents as the Court may direct.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(2) Where the respondent has been served with notice of withdrawal, the Court may give leave to the petitioner to withdraw the petition on such terms as to costs and otherwise as the Court may deem fit.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

18. No proceedings upon the petition shall

be defeated by any Irregularities formal objection or by the miscarriage of any notice or any other document sent by the Registrar to any party to the petition.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “No proceedings upon the petition shall”.

“be defeated by any Irregularities formal objection or by the miscarriage of any notice or any other document sent by the Registrar to any party to the petition.”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “No proceedings upon the petition shall”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

19. (1) All costs of and incidental

to the presentation of the petition Costs and the proceedings consequent on the petition shall be defrayed by the parties to the petition in such manner and in such proportions as the Court may determine.

(2)

Subject to subrule (1), where costs are awarded to a party against the petitioner in proceedings under these Rules, the deposit made by the petitioner as security for costs under subrule (3) of rule 4 of these Rules, shall be applicable in payment of the sum ordered but otherwise, shall be refunded to the petitioner.

SCHEDULE

FORM ruic 3.

Petition for a declaration under article 137 of the Constitution.

In the Constitutional Court of Uganda.

The Fundamental Rights and Freedoms (Enforcement Procedure) Rules, 1992.

The petition of AB of (or of AB of and CD of as the case may be) whose name(s) is (or are) stated at the foot of this petition.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “(1) All costs of and incidental”.

“to the presentation of the petition Costs and the proceedings consequent on the petition shall be defrayed by the parties to the petition in such manner and in such proportions as the Court may determine.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(2) Subject to subrule (1), where costs are awarded to a party against the petitioner in proceedings under these Rules, the deposit made by the petitioner as security for costs under subrule (3) of rule 4 of these Rules, shall be applicable in payment of the sum ordered but otherwise, shall be refunded to the petitioner.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. Your petitioner(s) AB (and CD) is (are)

a person (or persons) hav ing interest in or is (are) affected by the following matters being inconsistent with the Constitution whereby your petitioners) is (or are) aggrieved-

*(a) that (State the Act of Parliament) is inconsistent with the Constitution for ...............................................

(b)

that estate which other law) Is inconsistent with the Constitution

(c)

that (state which thing done in or under the authority of any law (stating which law) was inconsistent with the Constitution).

(d)

that (state which act or omission by which person or which authority) is inconsis tent with or in contravention of a provision of the Constitution namely (state what was inconsistent with or in contravention of which provision of the Constitution).

•dekte wWcherer matter b not applicable.

2. Your petitioners) state(s) that (here state

the reasons relied on to show why the Act, or law, or thing done under the authority of law, or the act or omission, is inconsistent with or in contranven- tion of the Constitution).

3. Therefore your petitioners) prays (pray) that the Court may

(a)

grant a declaration-

(i)

that the Act of Parliament (state which Act); (ii) that any other law (state which law); (iii) that the thing done in or under the authority of any law (state what law). was inconsistent with the Constitution (state which provision of the Constitution);

(b)

grant an order of redress or refer the matter to the High Court to investigate and determine an appropriate redress.

Dated this day of 19

My (our) address(es) is (are)

My (or our) advocate(s) is (are) or I am (or we are) acting for myself (ourselves) The address of the respondent(s) is (are)

Signed:

NB. The Petition must be accompanied by an affidavit setting out the facts on which the petition is based.

S.W.W. Wambuzi, Chief Justice.

Rules of the Constitutional Court (Petitions for Declarations under Article 137 of the Constitution) Directions

About this Act

Full text of the Act