Constitutional Court of Uganda - 2010

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4 judgments

Citation	Judgment date
October 2010
Goodman Agencies Ltd v Attorney General and Another (Constitutional Petition No. 03 of 2008) [2010] UGCC 12 (18 October 2010) The court ruled that post-judgment actions adding a party to a consent judgment violated constitutional rights. Constitutional Law – Consent Judgment – Addition of Parties Post Judgment – Articles 26 and 28 of the Constitution – Judicial Authority – Functus Officio Doctrine – Property Rights.	18 October 2010
August 2010
Mwenda and Another v Attorney General [2010] UGCC 9 (25 August 2010) Sedition provisions were struck down as unconstitutional overbroad limits on freedom of expression; sectarianism provision upheld. Constitutional law – Freedom of expression (Art 29(1)(a)) – Limitations (Art 43) – Sedition provisions (ss.39–40 Penal Code) overbroad and vague – burden on State to prove restrictions acceptable and demonstrably justifiable – sections 42–44 redundant; promoting sectarianism (s.41) upheld.	25 August 2010
May 2010
Muhwezi & 3 Others v Attorney General & Another (Consitutional Petition 10 of 2008) [2010] UGCC 10 (14 May 2010)	14 May 2010
February 2010
Kisuule v Greenland Bank Ltd (Civil Appeal No. 13 of 2009) [2010] UGCC 11 (11 February 2010) Review based on a late, unverified letter failed where authenticity, provenance and due diligence requirements under Order 46 r.3(2) were not met. • Civil procedure — review of judgment — reliance on purportedly newly discovered documentary evidence — strict test under Order 46 r.3(2) CPR. • Evidence — authenticity and provenance of documents — necessity of affidavits and timely production. • Civil procedure — duty to use discovery (Order 10 r.12) and due diligence before seeking review. • Delay — late surfacing of evidence (five years after decree) may defeat review application.	11 February 2010