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Court of Appeal of Uganda

The Court of Appeal is the second highest court in the land.  It came into being following the promulgation of the 1995 Constitution, and the enactment of the Judicature Statute, 1996. Article 134 of the Constitution established the structure of the Court of Appeal.

While presiding over matters , it is duly constituted when it consists of an odd number of not less than three (3) justices of the Court of Appeal. It is this court that constitutes itself into a Constitutional Court in accordance with the Constitution to hear constitutional cases.

The Constitutional Court consists of fifteen (15) justices and handles the matters, issues or cases concerning the interpretation of the Constitution  When presiding over a constitutional matter, there must be a quorum of at least five (5) justices of the court.

Physical address
Twed Towers along Kafu Road, Nakasero,Kampala.
5 judgments
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5 judgments
Citation
Judgment date
November 1979
An ex parte judgment entered by the Registrar without jurisdiction is a nullity and executions under it are void.
Civil procedure — Ex parte judgment — Jurisdiction of Deputy Chief Registrar under Order 9 — Nullity of judgment entered without jurisdiction — Executions, evictions and sales under void judgment — Restitution and costs.
1 November 1979
Registrar acted without jurisdiction in entering an ex parte eviction decree; such a judgment is a nullity and must be set aside.
Civil procedure – Order 9 rules 6 and 8 – Jurisdiction of Registrar to enter ex parte judgment – Assessment of mesne profits – Judgment without jurisdiction is a nullity – Execution under a nullity void ab initio – Restitution and costs.
1 November 1979
An ex parte judgment entered without jurisdiction is a nullity and may be quashed even after execution.
* Civil procedure – Jurisdiction of court officers – Deputy Chief Registrar’s power to enter ex parte decrees – distinction between O.9 r.6 and O.9 r.8 (assessment of damages/mesne profits). * Judgments entered without jurisdiction are nullities and may be quashed even after execution; executions under such judgments are void ab initio. * Relief on quashing includes restoration of possession and repayment of proceeds; costs follow.
1 November 1979
A registrar lacked jurisdiction to enter an ex parte eviction decree including mesne profits; such a decree is a nullity and must be quashed.
Civil procedure – Order 9 Rules 6 and 8 – Eviction and mesne profits – Assessment of damages requires procedure under O.9 r.8 – Registrar’s power to enter ex parte decree – Judgment without jurisdiction is a nullity – Execution under void judgment void ab initio – Restitution and costs ordered.
1 November 1979
January 1979
Unexplained, substantial delay by counsel warrants refusal of extension and striking out of notice of appeal.
Civil procedure – Court of Appeal Rules r.4 – extension of time to lodge appeal – burden on applicant to show sufficient reason for delay – counsel’s inordinate laches and unexplained delay insufficient – striking out notice of appeal for failure to take further steps.
29 January 1979