Refugees

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Refugees
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8 documents
Title
Date
Administrative circular denying citizenship by birth based on origin or skin colour is unlawful; eligible applicants entitled to documentation.
Citizenship — constitutional and statutory tests for citizenship by birth (Articles 9 and 10; s.12 Citizenship & Immigration Control Act) — prima facie weight of government-issued passports, IDs and birth certificates — administrative circular discriminating on origin/colour unlawful — remedies: declaratory relief and ordering issuance/renewal of identity documents.
Judgment 18 March 2022
Judgment 13 December 2018
A complaint was struck out for lack of diligent prosecution due to the complainant's failure to submit admissibility arguments.
African Charter on Human and Peoples’ Rights – Procedure – Communication struck out for lack of diligent prosecution – Failure to submit arguments on admissibility within prescribed time and absence of extension request.
Judgment 6 March 2018

Contract Law

Judgment 27 February 2018
Applicant failed to prove respondent was not a Ugandan citizen; respondent’s Ugandan documents established lawful nomination and election.
* Election law – qualification to stand for Parliament – citizenship by birth and descent under the Constitution and relevant statutes. * Evidence – authenticity and admissibility of documentary proof (uncertified photocopies, foreign voter cards) and proper proof of provenance. * Burden and standard of proof in election petitions – contestant bears burden; balance of probabilities. * Local authority powers – limits on registration of aliens under Aliens (Registration and Control) Act.
Judgment 15 August 2016
Article 12 registration exclusions stand; refugees remain eligible for consideration for naturalization under statutory law.
Constitutional interpretation – Citizenship by registration (Article 12) – rule of harmony; Citizenship by naturalization (Article 13) – statutory regime (section 16 of the Act) includes refugees as "aliens" eligible for consideration; Judicial relief – courts will not issue general orders against unnamed agencies absent evidence of a refused or unprocessed application.
Judgment 6 October 2015
Court struck out respondent's late submissions and granted a limited injunction protecting applicants' customary land occupation pending trial.
Civil procedure – Irregular late filing and abandonment of preliminary objection struck off – Interim relief – Principles for temporary injunction (American Cyanamid) – Prima facie case and proof of title for registered land – Protection of occupation under customary tenure – Preservation of status quo balanced against national security and refugee settlement obligations.
Judgment 4 April 2014

Criminal law

Judgment 10 September 2013