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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
Citation
Judgment date
April 1999
Standard Chartered Bank (U) Ltd. v Grand Hotel (U) Ltd. (CIVIL APPEAL NO. 13 OF 1999) [1999] UGCA 64 (15 April 1999)
A trial court may not decide on an unpleaded issue; foreclosure granted to the appellant mortgagee.
Mortgage law – Foreclosure and sale – Limitation Act – whether mortgage extinguished by lapse of time – Civil procedure – Originating Summons under Order XXXIV r.3A – Pleadings – court may not decide on unpleaded issues – Appeal competence and costs.
 15 April 1999
Boutique Shazim Ltd v Nipun Bhatia (Civil Miscellaneous Application No.62 of 1998) [1999] UGCA 28 (8 April 1999)
Application for extension to file appeal dismissed because the notice of appeal had been deemed withdrawn under Rule 83(a).
Civil procedure — Extension of time under Rule 4 of the Court of Appeal Rules — "Sufficient reason" requires demonstrating inability to take a step in time without applicant's dilatory conduct; Counsel's negligence — may in some cases not be visited on a vigilant client, but requires evidential proof of diligence; Rule 83(a) — notice of appeal deemed withdrawn if appeal not instituted within prescribed time; Relief to file memorandum/record unnecessary where no valid notice of appeal exists.
 8 April 1999
Eridadi Tito Nsubuga and Another v Attorney General (Civil Application 58 of 1998) [1999] UGCA 85 (8 April 1999)
Delay caused by the court registry justified an extension of time to serve the notice of appeal.
Court of Appeal – extension of time under Rule 4 – "sufficient reason" requires inability/failure to take step in time – delay attributable to court registry can justify extension – uncontradicted affidavit evidence presumed true.
 8 April 1999
Nsubuga v Attorney General (Civil Application 58 of 1998) [1999] UGCA 48 (8 April 1999)
Extension of time granted where delay in serving notice of appeal was caused by High Court registry and not by applicants' counsel.
Court of Appeal — extension of time to serve notice of appeal — sufficiency of cause — delay attributable to court registry — weight of unrebutted affidavit evidence and filing fee receipt stamp — no dilatory conduct by applicant or counsel.
 8 April 1999