In Re Muhindo Herbert & 6 Ors (HCT ) [2012] UGHC 96 (29 May 2012);


Search Summary: 

In this case the applicants sought court for an order for a writ of habeas corpus ad
subjiciendum. This was on grounds that they had been arrested presented before court

martial where the case was transferred to another division and since then they had
never been produced before court and were not serving any lawful sentence.

Headnote and Holding: 

Court considered whether the applicants were in unlawful detention and whether the
high court is empowered to intervene in the detention by the general court martial.
Court held that there had been unlawful detention of the applicants and that high court
was empowered to intervene in such detention. Court was satisfied from its findings
that the applicants had been on detention for more than a year without any trial or
being introduced in court which was a gross violation of the applicants’ right to speedy
and fair hearing hence the detention being unlawful. Furthermore court was satisfied
from its findings that it was empowered to intervene in the unlawful detention given
the fact that it was paramount to enforce the applicants’ constitutional rights plus it is
given the necessary jurisdiction to do so under section 34 of the judicature act. For that
matter court ordered the immediate release of the applicants plus and costs for their
application to be paid.
Accordingly court granted the applicants the writ of habeas corpus.


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