Constitutional Court of Uganda - 1998 June

2 judgments
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2 judgments
Citation
Judgment date
June 1998
Act No.9/1982 nullifying sales of expropriated property is constitutional; compensation provisions must be read to meet Article 26 standards.
Constitutional law — Expropriation and compulsory acquisition — Expropriated Properties Act 1982 — Nullification of transactions in expropriated property — Bona fide purchaser — Compensation: sections 11(4) and 11(6) — Article 26(2) 1995 Constitution (prompt, fair and adequate compensation) — Article 273(1) (reading down existing law to conform to new Constitution) — Remittal to trial court for quantum and mode of compensation.
23 June 1998
A representative constitutional petition without leave or supporting sworn evidence may be struck out as incompetent.
Constitutional procedure — representative actions — leave and disclosure requirements; Constitutional (Fundamental Rights) Rules (Legal Notice No.4/1996) — requirement for supporting affidavits and documents; time‑bar — limitation of constitutional challenges to past events; appropriateness — criminal/corruption allegations for enforcement agencies; frivolous and vexatious litigation — striking out petitions.
4 June 1998