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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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6 judgments
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November 1999
Bwenge Patrick v Uganda (Criminal Appeal No. 54 of 1999) [1999] UGCA 25 (25 November 1999)
An assessor’s absence for part of a trial is a jurisdictional irregularity requiring quashing of conviction and retrial.
Criminal procedure – Trial with Assessors – Absence of an Assessor for part of the trial – jurisdictional irregularity; Miscarriage of justice – assessor who did not hear all evidence giving opinion – retrial ordered; Evidence – alibi and merits not considered due to procedural nullity.
 25 November 1999
Kiiza John & anoer v Uganda (Criminal Appeal No.76 of 1999) [1999] UGCA 20 (25 November 1999)
Identification by victims was upheld but use of alleged deadly weapons was not proved; aggravated robbery reduced to simple robbery.
Criminal law – Visual identification evidence – necessity for caution but reliability where victims knew accused and had opportunity to observe; Criminal law – Robbery with aggravation – prosecution must prove use or threat of specific deadly weapon alleged in particulars of offence.
 25 November 1999
Prof.Gastavus Senyonga & anoer v Uganda (Cr.Application No.12 of 1999) [1999] UGCA 16 (24 November 1999)
Court refused certification for third appeal, holding appointment‑qualification issues are policy, not points of law.
Criminal law – appeals – third appeals to Supreme Court – requirement of certificate under section 6(5) Judicature Statute, 1996 – whether proposed points raise questions of law of great public or general importance. Administrative/constitutional law – duties of Permanent Secretaries – responsibility for proper expenditure of public moneys (Article 67). Public policy v. justiciability – appointment qualifications for accounting officers are Executive policy, not judicial questions. Criminal responsibility – senior officers cannot evade accountability for financial mismanagement by blaming junior staff (see Kasim Mpanga).
 24 November 1999
Mushikoma Watete & 3 Ors V Uganda (Criminal Appeal No. 63 of 1998) [1999] UGCA 10 (8 November 1999)
Court upheld convictions where credible eyewitness identification and medical evidence supported that the appellants participated in the fatal mob assault.
Criminal law – identification evidence – correctness and safeguards where identification rests on single or few witnesses – familiarity, duration, distance and lighting; Criminal law – alibi – proof and collapse where eyewitness evidence places accused at scene; Medical evidence – cause of death supported by skull fracture and clinical conclusion of internal brain haemorrhage.
 8 November 1999
Mpinga and Others v Sensarire and Others (Civil Application No. 35 of 1999) [1999] UGCA 82 (3 November 1999)
Appellate court grants injunction and stay of execution to prevent further development after respondent's demolition of disputed property pending appeal.
Civil procedure – Stay of execution – Injunctions – Competence of appeal – Inherent powers of appellate court – Amendment of application after supervening events – Ends of justice – Abuse of process – Respondent’s wrongful demolition of suit property – Service of notice of appeal.
 3 November 1999
Nalikka and Others v Sensarire and Others (Civil Application No. 35 of 1999) [1999] UGCA 88 (3 November 1999)
Court granted stay of execution and injunction to prevent respondents benefiting from illegal demolition pending appeal.
Civil procedure — Stay of execution and interim injunction pending appeal — Competency of notice of appeal and service requirements — Inherent power to amend notice of motion and prevent abuse of process — Illegal demolition of suit property renders preservation orders nugatory — Costs awarded.
 3 November 1999