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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
May 1986
Ex‑parte judgment set aside where counsel’s arrest prevented attendance and a prima facie defence existed.
Civil procedure – Ex‑parte judgment – O.9 r.24 and s.101 – "sufficient cause" for non‑appearance (arrest/detention of counsel) – prima facie defence/triable issue – amendment of pleadings at trial – appellate interference with discretion where misdirection or miscarriage of justice.
30 May 1986
Reinstatement justified where trial judge misdirected himself by failing to consider affidavits, authorities and relevant legal points.
Civil procedure — Reinstatement of dismissed suit — Order 9 r.20 and inherent jurisdiction/section 101 — tests: sufficient cause, honest intention to attend, nature of action, miscarriage of justice — duty of trial judge to consider affidavits, authorities and plaint — improper determination of res judicata at reinstatement stage.
30 May 1986
High Court has inherent power to stay its orders, but the stay here was discharged as it served no useful purpose.
Civil procedure – Stay of execution – Order 19 Rule 26 (pending suit must be pending in same court; definition of "decree") – Inherent jurisdiction of High Court (section 101) to stay its orders – Purpose requirement for stays; stay discharged where it serves no useful purpose.
29 May 1986