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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.
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https://www.judiciary.go.ug/data/smenu/77//Court%20of%20Appeal.html
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8 judgments
Citation
Judgment date
December 1996
Degeya Trading Stores (U) Ltd v Uganda Revenue Authority (Civil Application No. 16 of 1996) [1996] UGCA 7 (13 December 1996)
Application for leave to appeal granted due to key procedural and legal issues in setting aside a consent order.
Civil Procedure - Consent order - Setting aside by High Court - Instruction fees based on subject value or decretal sum.
 13 December 1996
November 1996
Administrator General v George Mwesigye Sharp (Civil Miscellaneous Application No. 12 of 1996) [1996] UGCA 2 (27 November 1996)
Extension of time granted where counsel’s failure to serve a notice of appeal was an excusable human error and applicant acted diligently.
Civil procedure – extension of time – Rule 4 Supreme Court Rules (applied via Judicature statute) – discretion to enlarge time – factors: conduct of party, nature of subject matter, surrounding circumstances; counsel’s failure to serve notice excusable where applicant and counsel acted diligently; costs to follow result of appeal; affidavit practice – affidavits must state facts not legal argument (O.17 r3 CPR).
 27 November 1996
Administrator General v George Mwesigye Sharp (Civil Miscellaneous Application No. 12 of 1996) [1996] UGCA 3 (27 November 1996)
Extension of time granted to file appeal where counsel’s inadvertent failure to serve notice was a human error and applicant acted diligently.
Civil procedure – extension of time to file notice of appeal – discretion under applicable rules – conduct and diligence of party and counsel – mistake of counsel not automatically fatal – large estate and beneficiaries’ rights – affidavit must state facts not legal argument.
 27 November 1996
George Musinguzi v Republic of Uganda (Miscellaneous Application No. 12 of 1996) [1996] UGCA 4 (27 November 1996)
Court granted extension to file notice of appeal where applicant acted diligently and was not to be penalised for counsel's omission.
Appeal procedure – extension of time to file notice of appeal – discretionary relief – factors to consider (conduct of party, nature of matter, surrounding circumstances) – whether party should be penalised for counsel’s mistake – defective affidavit containing legal argument instead of facts.
 27 November 1996
The Administrator General v Mwesigye Sharp (Civil Miscellaneous Application No. 12/96) [1996] UGCA 5 (27 November 1996)
The court granted an extension of time to file a Notice of Appeal due to counsel's oversight.
Civil Procedure – Extension of time – Notice of Appeal – Discretion to extend due to counsel oversight.
 27 November 1996
The Administrator General v Mwesigye Sharp (Civil Miscellaneous Application No. 12/96) [1996] UGCA 6 (27 November 1996)
27 November 1996
Bakunda v Kinyatta & Anor (Civil Appeal No. 27 of 1996) [1996] UGCA 1 (20 November 1996)
20 November 1996
January 1996
Bakunda Darlington v Dr. Kinyatta Stanley and Another (Civil Appeal 27 of 1996) [1996] UGCA 8 (1 January 1996)
An advocate’s commission as Commissioner for Oaths ends when the practising certificate expires; affidavits sworn thereafter are invalid.
Commissioner for Oaths (Advocates) Act s.2 – commission tied to practising certificate; Advocates Act s.14 – practising without certificate invalidates acts; Affidavits – invalid if sworn before person lacking authority; Penal Code s.85 – administering oath without authority.
 1 January 1996