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.

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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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10 judgments

Citation	Judgment date
April 1998
National Enterprises Corporation v Mukisa Foods Limited (Miscellaneous Civil Application No. 07/98) [1998] UGCA 67 (29 April 1998) Court granted stay of execution accepting machinery instead of cash for security pending appeal. Civil Procedure - Application for stay of execution - Security for due performance pending appeal - Acceptance of machinery versus cash security.	29 April 1998
Nicholas Roussos Habib v Gulam Houssein (Civil Appeal 28 of 97) [1998] UGCA 28 (29 April 1998) Ex parte judgments founded on defective substituted service are nullities and may be set aside under Order 9 rule 24. Civil procedure – Ex parte judgment – Substituted service by newspaper and notice-board posting – Validity of service. Civil procedure – Order 9 r.24 – Setting aside ex parte decrees where summons not duly served or defendant prevented from appearing Jurisdiction – Distinction between setting aside an ex parte judgment for illegality and appellate review of earlier interlocutory orders	29 April 1998
Bank of Uganda v Masaba and Others (Civil Appeal 23 of 1997; Civil Appeal 45 of 1997) [1998] UGCA 47 (28 April 1998) Employer’s retirement circular amounted to actionable negligent misrepresentation and created a binding contract; appeal dismissed. Employment law – voluntary termination/retirement scheme – employer circulars and letters – negligent misrepresentation (Hedley Byrne) – formation of contract by offer and acceptance in employment termination context – consideration in executory mutual surrender – breach by unilateral deduction of housing loans – measure of damages for inducement (Esso v Mardon) – relief: refund and damages; appellate deference to trial judge’s quantum.	28 April 1998
General Industries Uganda Limited v Non Performing Assets Recovery Trust (Civil Appeal 24 of 1996) [1998] UGCA 37 (28 April 1998) Forbearance and transfer of liability constituted consideration; mortgage valid and appeal dismissed with costs. Contract and mortgage law – consideration (forbearance and transfer of liability) – validity of mortgage as collateral security – admissibility of documents and evidentiary discretion of specialized tribunal under Statute No.11/1994 – tribunal constitution and apparent bias.	28 April 1998
General Industries (U) Ltd v Non-Performing Assets Recovery Trust (Civil Appeal No 24 of 1996) [1998] UGCA 68 (28 April 1998) A Court of Appeal upheld the validity and enforceability of a mortgage following loan restructuring and dismissed the debtor’s challenge. Banking law – Consideration in loan restructuring – Whether transfer of liability and forbearance amounts to consideration – Validity of mortgage under Mortgage Decree – Tribunal procedure – Alleged bias – Strictness of Evidence Act in specialist tribunals.	28 April 1998
Kampala Phamaceuticals vs Gullaballi Ushalan (Civil Appeal No 49 of 1997) [1998] UGCA 6 (28 April 1998) Wrongful dismissal under a fixed-term contract with a six-month notice clause limits damages to six months' pay; employee must mitigate. Employment law — fixed-term contract — six months' notice clause — measure of damages for wrongful dismissal — duty to mitigate — distinction between special and general damages — no punitive damages for breach of contract	28 April 1998
Uganda Bankers ( Employers Association) v National Union of Clerical Commercial Professionals and Technical Employees (Civil Appeal 51 of 1996) [1998] UGCA 53 (28 April 1998) Whether taxation is governed by the rules in force when the costs order was made and whether the instruction fee was manifestly excessive. Taxation of costs; applicability of amended remuneration rules versus original rules; Interpretation Decree s.13(2) – rights/ liabilities preserved on repeal; Sixth Schedule scales and proviso requiring judicial certificate for higher fees; standard for interfering with taxing officer – error of law or manifest excessiveness; re-taxation ordered.	28 April 1998
Ugachick Poultry Breeders Ltd vs Tadjin Kara T/A S.T. Enterprises Ltd (Civil Appeal No 2 of 1997) [1998] UGCA 11 (27 April 1998) Dispute over expiry and price of supplied premixes: majority upheld trial judge rejecting post‑transaction expert opinion; dissent found no concluded price agreement. Contract — sale of goods — necessity of agreement on essential terms (price) for a concluded contract; Evidence — burden of proof (s.100/102 Evidence Act) — party alleging a fact must prove it; Expert evidence — admissibility and weight where expert did not inspect the subject or where contemporaneous test reports exist; whether post‑transaction expert opinion (Exh D2) is probative of condition at time of sale	27 April 1998
Victoria Tea Estates Limited v Bemba and Another (Civil Appeal 49 of 1996) [1998] UGCA 44 (27 April 1998) An unchallenged Ministerial repossession certificate under Act 9/1982 confers lawful occupation and defeats trespass claims. Expropriated Properties Act 1982 (Act 9/1982) – vesting of expropriated properties in Government – nullification of dealings – leases deemed to continue only until property is dealt with under the Act – re‑entry after expropriation null and void; Minister’s certificate of repossession – statutory authority and conferral of lawful possession; unchallenged certificate – bars trespass claim.	27 April 1998
Bank of Uganda v Masaba and 2 Others (Civil Appeal 23 of 1997; Civil Appeal 45 of 1997) [1998] UGCA 31 (25 April 1998) Employer's inducements to voluntary retirement were binding; negligent misrepresentation and breach entitled employees to repayment and damages. Employment — voluntary termination scheme — employer circular promising retirement package — negligent misrepresentation and breach of promise actionable in tort and contract; offer, acceptance and consideration in collective communications; equitable principle (promise acted upon) binds promisor; remedies include restitution of wrongly deducted housing loans and damages (Esso v Mardon applied).	25 April 1998