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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.
3 judgments
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3 judgments
Citation
Judgment date
October 1980
The 1967 Constitution (as modified) remains supreme; UNLF documents are not law and the President retained ministerial appointment powers.
Constitutional law — supremacy of the Constitution — 1967 Constitution (as modified by Proclamation) is supreme; UNLF Constitution and Moshi Minutes are political instruments, not municipal law. — Administrative/constitutional instruments — Legal Notice No.2/1979 invalid; only NCC could exercise vested legislative power. — Executive appointments — President had power to appoint ministers without NCC ratification at material time. — Separation of powers/political questions — removal of leader by political organ treated as political and non-justiciable; legislature (NCC) has no constitutional power to remove President.
21 October 1980
Constitution prevails; UNLF instruments not law; President alone appoints ministers; political removals non-justiciable.
Constitutional law – supremacy of the 1967 Constitution as modified – UNLF Constitution and Moshi Minutes not municipal law – Legal Notice No.2/1979 invalid – executive appointment powers vested in President – removal of President by party organ treated as political question and non-justiciable – legislature (NCC) had no power to remove President.
21 October 1980

Constitutional Law—legislative authority—Moshi Unity Conference—Proclamation Legal Notice No. 1 of 1979—validity of Legal Notice No. 2 of 1979—constitutional supremacy—removal of the President—procedural irregularities—legislative functions of NCC—political versus legal decisions—legal order after regime change—supremacy of 1967 Constitution as modified—judicial review—declarations issued in part—appeal allowed in part

21 October 1980