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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10 judgments

Citation	Judgment date
May 1999
Mayambala v Uganda Commercial Bank (Civil Application No. 9 of 1999) [1999] UGCA 77 (25 May 1999) Application to proceed with substitution struck off due to absence of pending appeal, disowned record. No costs awarded. Civil procedure - appeal process - validity of appeal pending - substitution of respondent - effect of disowning appeal record.	25 May 1999
Dr. Bwogi Kanyerezi v The Management Committee of Rubaga Girls' School (Civil Application No. 12 of 1999) [1999] UGCA 76 (24 May 1999)	24 May 1999
General Parts Uganda Limited v Non Performing Assets Recovering Trust (Civil Appeal 20 of 1998) [1999] UGCA 37 (14 May 1999) Rescheduling letter constituted the binding agreement; defaults justified lawful appointment of a receiver under debenture and mortgage, appeal dismissed. Contract formation and interpretation – rescheduling letter as binding agreement; Banking law – receivership under debenture; Scope of receiver’s powers (possession, locking premises, impounding, sale) as incidental to debenture clause; Mortgage validity – power of attorney and signature formalities; Registration of Titles Act – notice (s115) held non-mandatory or effectively given.	14 May 1999
Foro Yahaya V Uganda (Criminal Appeal No. 2 of 1998) [1999] UGCA 9 (12 May 1999) Circumstantial evidence plus voluntary confessions upheld a murder conviction; minor inconsistencies were immaterial. * Criminal law – Murder – Reliance on circumstantial evidence and confessions to sustain conviction where no eyewitness to killing. * Confessions – oral admissions to lay witnesses and written caution statement – voluntariness and probative value. * Evidence – inconsistent details that do not affect core incriminating admissions are immaterial. * Liability – malice aforethought and common intention can be inferred from circumstances.	12 May 1999
Habyarimana Ronard v Uganda (Criminal Appeal No.68 of 1998) [1999] UGCA 23 (12 May 1999) Unsusworn child testimony requires corroboration; medical and physical evidence corroborated age and penetration, appeal dismissed. Criminal law – defilement – unsworn evidence of a child of tender years requires corroboration; medical evidence and external observations (semen, wet clothing, ruptured hymen) can corroborate age and penetration; appellate re-evaluation of credibility and evidence.	12 May 1999
Kasibante Yahaya v Uganda (Criminal Appeal No.65 of 1998) [1999] UGCA 21 (12 May 1999) Applicant’s defilement conviction upheld on reliable identification; 12-year sentence affirmed despite remand credit omission. * Criminal law – Identification evidence – conditions for correct identification (light, proximity, familiarity, duration) – conviction based substantially on single witness may be safe where quality of identification is high. * Criminal law – Caution on identification – trial judge should be aware of special need for caution but absence of express warning does not automatically vitiate conviction if identification quality is good. * Sentencing – remand credit – failure to take remand into account does not necessarily render sentence excessive where overall term is not manifestly harsh.	12 May 1999
Kayondo Fred & Anor V Uganda (Criminal Appeal No. 31 of 1998) [1999] UGCA 8 (12 May 1999) Appeal against defilement conviction dismissed; victim with epilepsy competent, medical and maternal evidence corroborated her account. * Criminal law – Defilement – proof of sexual intercourse – medical evidence and maternal observation as corroboration. * Evidence – competency of witness with periodic epilepsy – ability to understand and testify when not seized. * Corroboration – expert estimate of age of injuries not fatal to reliability. * Appeal – identification issue abandoned; conviction and sentence upheld.	12 May 1999
Kitwala Ronald & 3 Ors V Uganda (Criminal Appeal No. 70 of 1998) [1999] UGCA 11 (12 May 1999) Daylight identification and relatives’ credible testimony upheld; all co-accused found to share common intention and murder convictions affirmed. * Criminal law – identification – eyewitness identification in broad daylight; competency of relatives as witnesses; sufficiency of single credible witness. * Criminal law – evidentiary credibility – isolated lies do not render entire testimony unreliable; trial judge’s assessment entitled to deference. * Criminal law – common intention (s.22 Penal Code) – acquiescence and participation by co-accused, and duty to prevent killing by security personnel, sufficient to attribute liability for murder.	12 May 1999
Kyamusungu Ivan v Uganda (Criminal Appeal No.67 of 1998) [1999] UGCA 19 (12 May 1999) Daylight identification and corroborating medical evidence upheld the appellant’s rape conviction; 10-year sentence not excessive. * Criminal law – Rape – identification in daylight; accused known to complainant and caught in the act – alibi destroyed. * Evidence – Corroboration by medical evidence: injuries consistent with struggle and non-consensual intercourse. * Criminal procedure – Admission of medical report under section 64 of the Trial on Indictments Decree; preliminary hearing timing and assessors; irregularity held not to vitiate trial. * Sentence – 10 years’ imprisonment for rape not manifestly excessive (maximum penalty death).	12 May 1999
Kabiswa Charles V Uganda (Criminal Appeal No. 73 of 1998) [1999] UGCA 12 (3 May 1999) Conviction for murder quashed where circumstantial evidence was insufficient and a material witness was not called. * Criminal law – Murder – Circumstantial evidence – Requirement that facts be incompatible with innocence and exclude reasonable alternative hypotheses. * Criminal procedure – Prosecution duty to call material witnesses – Failure to call key witness may render case unproven beyond reasonable doubt. * Evidence – Forensic linkage of weapon (fingerprints/chemical analysis) important where direct evidence absent. * Defence – Alibi considered in assessment of circumstantial case.	3 May 1999