QUESTION 1

CASE STUDY OF LUGU VILLAGE

BRIEF FACTS

Lugu Village an isolated area with people living in scattered homesteads depending on water
ponds for both water for humans and animals, without roads and living with no telephone
services and using bushes as latrines. There is no single dispensary and Lugu village uses
African Healers and people consequently die which is believed to be the wish of the Spirits

LEGAL ISSUES

1. Whether Lugu Inhabitants have a course of Action

2. Whether Lugu Inhabitants are entitled to any Remedies

RESOLUTION

1. Whether Lugu Inhabitants have a course of Action

Order 7 rule 11 of the Civil Procedure Rules provides that; “The plaint shall be rejected in the
following cases—(a) where it does not disclose a cause of action”

The holding in Auto Garage vs Motokov 1establishes the elements of a cause of action and these
include a plaint showing that a plaintiff enjoyed a right, the right has been violated and the
defendant is the one who violated the right and thus is liable.

In this regard therefore when these principles are answered, then Cause of Action of a plaintiff
to bring a suit would be established, however in my analysis it is noteworthy that the principles
have been answered

The cause of action crystallises when factual events occur constituting an infringement or a
threat of infringement of a right or rights, which entitle a person to sue. A cause of action cannot
exist without concurrence of a right, a duty, and default. A cause of action can arise from an act,
a failure to perform a legal obligation, a breach of duty, or a violation or invasion of a right. A
cause of action thus arises when that which ought to have been done is not done or that which
1
[1971] EA 514
ought not to have been done is done. A cause of action arises where there has been an invasion of
a legal right without justification or sufficient cause. The essential elements of a cause of action
are; 1. Existence of a legal right in the plaintiff with a corresponding legal duty in the
defendant, and 2. A violation or breach of that right or duty with 3. Consequential injury or
damage to plaintiff for which he or she may maintain an action for appropriate relief or
reliefs against the defendant2

The Legal rights the inhabitants of Lugu village enjoy are the Constitutional rights of Right to
Livelihood, Right to Health ,and right to life

Relying on the National Objective and Directive Principles of State Policy No XXII &
XXIII, articles 8A ,20 and article 45 of the Constitution of Uganda government of Uganda has a
duty to uphold and promote the right to livelihood, and all rights of everyone in Uganda. Counsel
explained that the right to livelihood means the right to live or survive and that it survives in the
womb of the right to food as the latter offers means for securing one’s survival. In this way, food
not only remains a critical determinant of an individual's survival but also becomes a determinant
of their right to life. In case of Attorney General Vs Salvatori Abuki Constitutional Appeal
No. 1 of 1998, where the Supreme Court discussed the right to livelihood and noting what may
result if such a right is not observed, pointed out that:

“..........By banishing the offender from his locality after the prison term, untold harm is likely to
ensue rendering him destitute. The court should not lose sight of the effect of this order on his
family and dependants. This is likely to be very frustrating and would eventually turn him into a
criminal once again. It would, therefore, be ruinous and counterproductive. As we move into the
next millennium we should bear in mind that in different parts of Africa clarion calls can be
heard for greater attention to Human rights.”

In the case of Hon. Okupa Ellijah & 2020 Others Vs Attorney General & Ors; Misc. Cause
No. 14 Of 2005, and the Indian case of Olga Tellis & Ors –Vs- Bombay Municipal Council
[1985] 2; SCR No. 51. (Supreme Court of India); where Batema, J, while discussing the right
to livelihood cited the case of Attorney General Vs Salvatori Abuki (supra) noting that:

2
Lakwo and Anor v Santa (Civil Appeal 86 of 2018) [2020] para17
“……. This right is not expressly provided for in the constitution of the Republic of Uganda. It
is however justifiable by virtue of the provisions of Articles 8A and 45 which recognize rights
and freedoms not expressly provided for by the Constitution.”

Therefore depending on water ponds for both water for humans and animals, without roads and
living with no telephone services and using bushes as latrines having no single dispensary and
Lugu village using African Healers and people consequently die which is believed to be the wish
of the Spirits is a violation of Right to livelihood, health and life protected by the 1995
Constitution

Legal issue 2; Whether Lugu Inhabitants are entitled to any Remedies

Article 50 (1) of the 1995 constitution empowers this court to provide a redress to persons
whose constitutional rights and freedoms have been infringed and the redress may include
compensation.

Article 23 (7) enjoins this court to award compensation. The wording about the entitlement to
compensation is in mandatory words; it is written,

 “A person unlawfully arrested, restricted or detained by any other person or authority shall be
entitled to compensation from that other person or authority”

Article 8 of the UHDHR guarantees the right to an effective remedy in the following words;

“Everyone has the right to effective remedy by the competent national tribunals for the acts
violating the fundamental rights granted to him by the constitution or by the law and Article 2
(3) of the ICCCPRs enjoins states to ensure effective remedies for human rights violations in
the following words”.

 Under Article 2 (3) each state party to the present covenant undertakes:

 “To ensure that any person whose rights or freedoms as herein recognized are violated
shall have an effective remedy notwithstanding that the violation has been committed
by persons acting in an official capacity.
  To ensure that any person claiming such a remedy shall have his right thereto
determined by a competent judicial, administrative or legislative authorities, or by any
other competent authority provided for by the legal system of the state and to develop
the possibilities of judicial remedy.

 To ensure that the competent authorities shall enforce such remedies when granted.”

And Article 3 of the ICCPRs enjoins the state parties to the present covenant “to undertake to
ensure the equal rights of men and women to the enjoyment of all civil and political rights set
forth in the present covenant.”

Our constitution domesticated the above articles in the 1995 Constitution hence the right to seek
remedies before the courts of law for the violation of human rights and freedoms complained
against herein.

Article 137 (4) (b) allows this court to determine the appropriate redress after investigating
violations of human rights and freedoms of individuals.

Therefore the inhabitants of Lugu Village are entitled to remedies

REFERENCES

The 1995 Constitution of the Republic of Uuganda

Universal Declaration of Human Rights

The International Convesntion on Civil and Political Rights

Case Law