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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.

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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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7 judgments
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October 1999
Too Okema Moses v Uganda (Criminal Appeal No. 7 of 1999) [1999] UGCA 13 (29 October 1999)
Intoxication negated malice aforethought; murder conviction quashed and substituted with manslaughter and ten-year sentence.
* Criminal law – Intoxication – Effect on criminal responsibility – Application of Penal Code s.13(4) and malice aforethought. * Criminal law – Distinction between murder and manslaughter – Substitution of conviction where malice not proved. * Appeal – Misdirection on applicable statutory provision – Remedy by quashing conviction and substituting appropriate offence and sentence.
 29 October 1999
Julius Emomeri v Shell (u) (Civil Appeal No. 47 of 1997) [1999] UGCA 1 (21 October 1999)
Dismissal for gross misconduct upheld; employer lawfully set off advances and no severance payable under union agreement.
Employment law – summary dismissal for gross misconduct; disciplinary procedure and suspension; union representation and condonation; terminal benefits and exclusion for gross misconduct; lawful deductions and employer set-off; pleading requirements for notice under Employment Decree.
 21 October 1999
Kalubala v Transocean Uganda Limited (Civil Appeal 22 of 1999) [1999] UGCA 47 (21 October 1999)
Ownership of a vehicle raises a prima facie inference of vicarious liability; lost dependency and funeral expenses awarded with corrected multiplier.
• Law Reform (Miscellaneous Provisions) Act – actions for benefit of family members – requirements for naming and proving dependants; production/parading of dependants in court. • Evidence – ownership of motor vehicle as prima facie evidence that vehicle was driven by owner or his servant; burden to rebut rests on owner. • Vicarious liability – employer liability where servant causes death in course of employment; failure to rebut prima facie ownership inference. • Damages – special funeral-related expenses recoverable even without receipts where foreseeable; assessing lost dependency (multiplicand and multiplier) and proper apportionment among dependants.
 21 October 1999
Kalubala v Transocean Uganda Limited (Civil Appeal 22 of 99) [1999] UGCA 39 (21 October 1999)
Dependants awarded lost dependency damages despite not being paraded; vicarious liability affirmed and special damages granted.
• Law Reform (Miscellaneous Provisions) Act – dependency claims – requirement to produce dependants in court and proof of particulars; • Evidence – prima facie effect of vehicle ownership and burden to rebut to avoid vicarious liability; • Damages – foreseeable special damages recoverable without receipts; multiplier methodology for lost dependency and apportionment among children.
 21 October 1999
Kalubala v Transocean (U) Ltd (Civil Appeal 22 of 1999) [1999] UGCA 49 (21 October 1999)
Vehicle ownership creates prima facie vicarious liability; dependants awarded recalculated damages despite procedural irregularity.
Law Reform (Miscellaneous Provisions) Act – dependency claims – production/parading of dependants – vehicle ownership as prima facie evidence of driving by owner/servant – vicarious liability – assessment of lost dependency (multiplier principle) – special funeral expenses recoverable without receipts.
 21 October 1999
Management Committee Rubaga II Boys School v Kanyerezi (Civil Appeal No. 9 of 1999) [1999] UGCA 84 (5 October 1999)
Short delay in serving Notice of Appeal excused where caused by clerical error, with extension of time granted by the court.
Civil procedure – extension of time – failure to comply with time limits due to inadvertence – sufficiency of cause – responsibility of counsel for action of clerks – omission from affidavit – judicial discretion under Rules of Court.
 5 October 1999
The Management Committee Rubaga Girls School v Kanyerezi (Civil Application No.34 of 1999) [1999] UGCA 83 (5 October 1999)
A short delay in serving a Notice of Appeal due to an inadvertent clerical error was condoned, extending time for service.
Civil procedure – extension of time – service of notice of appeal out of time – sufficient cause – inadvertent error by legal clerk – relevance of supporting affidavit contents – judicial discretion.
 5 October 1999