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Uganda Case Law

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Constitutional Law [2014] UGCA 147

Honourable Justice Anup Singh Choudry v Attorney General

Honourable Justice Anup Singh Choudry v Attorney General (Civil Appeal No. 91 of 2012) [2014] UGCA 147 (18 June 2014)

Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 91 of 2012
Judge
Kasule, JA, Buteera, JA, solomy Balungi Bossa, JA/ JCC

The Court of Appeal held that the Judicial Service Commission (JSC) failed to comply with the mandatory requirements of the Judicial Service Act and the Constitution by not affording the appellant a fair hearing. Specifically, the JSC did not give the appellant the right to appear and present his case at the meeting where the decision to recommend his removal was made, nor did it communicate its decision to him. The Court found that this omission was a violation of the rules of natural justice and the non-derogable right to a fair hearing under Articles 28(1) and 44(c) of the Constitution. Fu…

Source excerpt

  • Judicial Service Commission Procedure
  • Natural Justice
  • Removal Of Judicial Officers
  • Bias And Conflict Of Interest
  • Fair Hearing Rights
  • Judicial Review
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Administrative Law [2012] UGHC 122

Anup Singh Choudry v Attorney General (HCT-00-CV-MC- No. 0074 of 2012)

Anup Singh Choudry v Attorney General (HCT-00-CV-MC- No. 0074 of 2012) [2012] UGHC 122 (5 July 2012)

Court
High Court of Uganda
Case number
HCT-00-CV-MC- No. 0074 of 2012
Judge
Zehurikize, J

The court found that there was a valid complaint before the Judicial Service Commission (JSC) against the applicant, and that the applicant was afforded an opportunity to respond to the allegations through written submissions and correspondence. The court held that Section 11 of the Judicial Service Act, which envisages oral hearings and cross-examination, does not apply to disciplinary proceedings against High Court Judges, as the JSC's role is limited to advising the President on whether a tribunal should be appointed. The court emphasized that while no specific procedure is prescribed for…

Source excerpt

  • Judicial Review
  • Fair Hearing
  • Judicial Service Commission Procedure
  • Removal Of Judicial Officers
  • Bias And Conflict Of Interest
Read case analysis

About this LexChat collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.