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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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4 judgments
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February 1999
Karim Zawedde Abdu v Uganda (Civil Appeal No. 14 of 1998) [1999] UGCA 3 (22 February 1999)
Appellant's defilement conviction and ten-year sentence upheld; missing cultures not fatal and minor inconsistencies immaterial.
Criminal law – Defilement – Corroboration in sexual offences; medical evidence and failure to culture specimens; proof beyond reasonable doubt; meaning of "unlawful" in s.123(1); sentence review.
 22 February 1999
Punjab Motors Limited v Njuba (Civil Appeal 29 of 1998) [1999] UGCA 40 (16 February 1999)
Appellant failed to prove advocate lacked a practising certificate; Taxing Master’s taxation upheld and appeal dismissed with costs.
* Civil procedure – taxation of costs – admissibility and evidential weight of affidavits filed in Taxing Master proceedings on appeal. * Professional regulation – practising certificate – whether lack of practising certificate defeats entitlement to costs and who bears the onus. * Advocates Act and Taxation of Costs Rules – procedural compliance for taxing and recovering advocates' costs; effect of Taxing Master's certificate.
 16 February 1999
Lubuye Kibuuka v Kikoola and Another (Election Petition Appeal No. 12/1998) [1999] UGCA 61 (10 February 1999)
Non-service of the statutory respondent under s.142 renders an election petition a nullity; appearance under protest does not cure it.
Election law – service of process – statutory requirement under s.142 Local Government Act – non-service of declared winner (statutory respondent) renders petition a nullity; appearance under protest does not cure non-service; waiver cannot validate a nullity – costs consequences.
 10 February 1999
Lubuye Kibuuka v Kikoola and Another (Election Petition Appeal No. 2/99) [1999] UGCA 60 (10 February 1999)
Failure to serve the statutory election winner is a fatal defect that renders an election petition a nullity; subsequent protest appearance does not cure it.
* Election law – service of petition – statutory respondent (election winner) – mandatory service under s.142 Local Government Act – non‑service renders petition nullity. * Procedural law – appearance under protest – whether it cures lack of service – it does not where service is mandatory. * Procedural discretion – power to extend statutory time under Rule 19 and section 173 – court may decline to extend where non‑service and dilatory conduct exist. * Costs – unsuccessful petitioner ordered to pay costs of respondents, including costs of bringing statutory respondent into proceedings.
 10 February 1999