Constitutional Court of Uganda - 2009

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5 judgments

Citation	Judgment date
September 2009
Dr Kizza Besigye & 10 Ors v The Attorney General (Constitutional Petition No. 7 of 2007) [2009] UGCC 3 (1 September 2009) Res judicata does not bar different petitioners from fresh constitutional challenges to repeated state conduct; objection overruled. Constitutional law – preliminary objection – res judicata (Civil Procedure Act s.7) – Explanation 6 – public interest litigation – non‑parties – repetition of state acts – right to litigate on merits.	1 September 2009
July 2009
Dhikusooka & 21 Others v The Attorney General (Constitutional Petition 10 of 2009) [2009] UGCC 6 (17 July 2009)	17 July 2009
February 2009
Uganda Projects Implementation & Management Centre v Uganda Revenue Authority (Constitutional Petition No. 18 of 2007) [2009] UGCC 2 (9 February 2009) Whether requiring payment of 30% of assessed VAT before appealing violates access to justice and equality under the Constitution. * Tax law – Value Added Tax Act s.34C(3) – requirement to pay 30% before lodging appeal – limitation on right of access to justice. * Constitutional law – Article 21 (equality/non-discrimination) and Article 126(2)(a) (justice irrespective of economic status) – whether statutory pre-payment is discriminatory or unconstitutional. * Limitations – Article 43 public interest justification; purpose and effect of taxation statutes in ensuring prompt payment and recoverability of tax.	9 February 2009
Uganda Law Society and Another v Attorney general (Constitutional Petition 2 of 2002; Constitutional Petition 8 of 2002) [2009] UGCC 4 (5 February 2009)	5 February 2009
Uganda Law Society & Anor v The Attorney General (Constitutional Application 8 of 2002; Constitutional Petition 2 of 2002) [2009] UGCC 5 (4 February 2009) HR\|Have his cause heard (fair trial)	4 February 2009