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

11 judgments

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11 judgments

Citation	Judgment date
January 1999
FireMasters Limited v Uganda Railways Corporation (Civil Appeal 40 of 1998) [1999] UGCA 42 (20 January 1999) A statutory corporation sued in its corporate name is not bound by Government Proceedings Act procedures unless sued as the government. Civil procedure – Government Proceedings Act – applicability to statutory corporations sued in corporate name – litigant’s choice to sue as independent body or as emanation of government – prescribed certificate under s.20(1) not required when corporation sued in its corporate capacity.* Execution/procedure against statutory corporations – ordinary civil procedure applies where corporation is sued as a corporate entity.	20 January 1999
Serwano Kulubya and Another v Nalumaga Nyaika (Civil Appeal 16 of 1998) [1999] UGCA 36 (20 January 1999) A letter expressing intent to give registered land did not transfer title; statutory transfer and registration were required. • Succession law – donatio mortis causa limited to movables (S.178(1) Succession Act). • Real property – gift inter vivos requires deed/delivery and compliance with statutory transfer/registration. • Registered land – unregistered memorandum or informal letter cannot pass estate or interest. • Formalities – letter not constituting deed; delivery/registration essential for transfer.	20 January 1999
Matsiko v Banyankole Kweterana Company Uganda Limited (Civil Miscellaneous Application 43 of 1998) [1999] UGCA 33 (15 January 1999) Failure to serve a written request for proceedings and retain proof makes an appeal time‑barred; notice of appeal struck out. Court of Appeal Rules 82(2) & (3) — service of written request for High Court proceedings and retention of proof — mandatory requirement — time for filing memorandum and record of appeal — failure to prove service renders exclusion inapplicable — advocate’s negligence not excusing statutory non‑compliance.	15 January 1999
Mutanda v City Council of Kampala (CIVIL APPLICATION NO. 50 OF 1998) [1999] UGCA 71 (11 January 1999) Time to file an appeal runs only when a true, corrected record is supplied, not on receipt of a defective copy. Civil procedure – Appeals – Commencement of time for filing an appeal – Defective record of proceedings does not start the running of time – Registrar’s duty to supply a certified true copy (rule 53(5)) – exclusion of Registrar’s delay under rule 82(2).	11 January 1999
Muwanga v Lint Marketing Board (In Liquidation) (Civil Appeal 15 of 1998) [1999] UGCA 35 (11 January 1999) Transfer to a subsidiary did not absolve the original employer; respondent held liable for termination benefits. Employment law – change of employer – s.17 Employment Decree No.4/1975 – incorporation of unit into limited company – no change of employer absent acquisition of whole or greater part of undertaking; liquidation – company remains legal entity until wound up; wrongful dismissal – entitlement to salary in lieu, allowances and terminal benefits; special damages and redundancy indemnity – permissibility where evidence led and no prejudice despite imperfect pleading.	11 January 1999
Uganda Baati Limited v National Insurance Corporation (Civil Appeal 13 of 1998) [1999] UGCA 55 (11 January 1999) Delay in demanding payment and an unconsented extension to the principal discharged the guarantor; appeal dismissed. Contract/Guarantee – interpretation of "immediately" – requires reasonable promptness in the circumstances; delay of 17 days excessive Evidence – section 153 Evidence Act – court may admit documents to discover relevant facts; prior rejection does not bar later reception. Surety/Guarantor law – creditor’s extension of time to principal without surety’s consent discharges the surety	11 January 1999
Edward Kamana Wesonga v Interim Electral Commission and 2 Others (Election Petition Application No. 36 of 1997) [1999] UGCA 2 (6 January 1999) An appeal dismissed for want of prosecution was reinstated where the applicant was misled by counsel about the hearing date. Civil procedure – Reinstatement of appeal under Court of Appeal Rule 99(2); 'sufficient cause' test – whether appellant intended and did his best to attend; counsel’s negligence – when not imputed to client; affidavit credibility; public interest in election petitions.	6 January 1999
Hima Cement Ltd v Uganda Cooperative Insurance (Civil Application No. 82 of 1999) [1999] UGCA 78 (1 January 1999) Application for stay of execution dismissed due to absence of a necessary notice of appeal. Civil procedure – stay of execution – necessity of filed notice of appeal for competence of application – irreparable loss and applicant's burden to demonstrate.	1 January 1999
Lwanga v Centenary Rural Development Bank (Civil Appeal No. 30 of 1999) [1999] UGCA 62 (1 January 1999) Appeal allowed in part: special damages claim rejected, counter-claim dismissed, and interest awarded from dismissal to suit at 20%. Employment law – wrongful dismissal – measure of special damages and proof; Civil procedure – counter-claim – burden of proof and failure to adduce evidence; Civil Procedure Act s.26(2) – discretionary award of interest for different periods and appropriate rates.	1 January 1999
Standard Chartered Bank (Uganda) Limited v Grand Hotel (Uganda) Limited (Civil Appeal No. 13 of 1999) [1999] UGCA 63 (1 January 1999) A court must not dispose a case on an unpleaded issue; originating summons was proper and the mortgage was not time-barred. Mortgage law – foreclosure and sale – originating summons under Order 34 r.3A proper for mortgagee seeking foreclosure; Limitation Act – mortgage not extinguished where formal demand made; Civil procedure – court should not decide on unpleaded issues; appeal – High Court judgment set aside for failure to decide on pleaded issues.	1 January 1999
Uganda Corporation Creameries Ltd v Kawalya (civil Appeal reference 11 of 1999) [1999] UGCA 65 (1 January 1999) A reference challenging a Registrar’s warrant was struck out as academic; s.47 permits the Court of Appeal to enforce its orders. • Civil procedure – execution and enforcement – power of Court of Appeal under s.47 Judicature Statute to execute and enforce its orders as if High Court orders – Registrar's power to issue warrant of attachment. • Academic proceedings – dismissal/striking out where decretal amount paid, warrant unexecuted and no threat to property. • Relationship between Judicature Statute s.47 and Civil Procedure Act execution provisions.	1 January 1999