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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.

Physical address
Twed Towers along Kafu Road, Nakasero,Kampala.
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https://www.judiciary.go.ug/data/smenu/77//Court%20of%20Appeal.html
11 judgments
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11 judgments
June 1999
Akisoferi v Akika & Another (Civil Appeal 18 of 1999) [1999] UGCA 29 (29 June 1999)
29 June 1999
Besweri Lubuye Kibuuka v Electoral Commission and Another (Election Petition Appeal No. 2/99) [1999] UGCA 79 (29 June 1999)
The court dismissed the appeal due to failure to serve the petition on a necessary respondent, rendering it a nullity.
  • Election Law — Service of petitions — Mandatory versus waivable procedural defects — Court's authority to extend statutory time limits.
29 June 1999
Uganda Corporation Creameries Limited and Another v Reamation Limited (Civil Reference No. 11 of 1999) [1999] UGCA 75 (29 June 1999)
Registrar's authority affirmed to issue warrants of attachment in Court of Appeal under Judicature Statute.
  • Civil Procedure — appellate jurisdiction — execution authority of the Court of Appeal — Registrar's competence to issue warrants of attachment under the Judicature Statute.
29 June 1999
Robert Coussens v Attorney General (Civil Appeal No. 19 of 1999) [1999] UGCA 74 (26 June 1999)
The court upheld discretion in awarding general damages for police-inflicted injuries, dismissing the appeal for larger compensation.
  • Tort law — Negligence — Police shooting — Damages assessment — Discretion of trial judge in awarding general damages.
26 June 1999
Bitarabeho v Dr. Kakonge (Civil Appeal No. 4 of 1999) [1999] UGCA 69 (25 June 1999)
Appeal dismissed: conditional sale treated as hire; respondent entitled to possession and hire damages.
  • Contract v sale — conditional sale converted to hire; detinue — entitlement to possession and damages for loss of hire; appeal practice — new locus standi point not entertained on appeal; hearsay evidence properly rejected; assessment of damages in detinue measured to date of judgment.
25 June 1999
Uganda Blankets Manufacturers 1973 Limited v Attorney General (Civil Appeal 24 of 1998) [1999] UGCA 31 (25 June 1999)
Interest on costs against the Government is not automatic and requires a court order and a taxation certificate.
  • Government Proceedings Act — applicability — English Crown Proceedings Act not applicable; domestic law governs proceedings against Government
  • Civil Procedure Act s.21(2) — interest on costs discretionary; costs do not carry interest unless ordered and pleaded
  • Government Proceedings Act s.20(1) — certificate of taxation required before Government payment; demand to Treasury insufficient
25 June 1999
East African Steel Corporation Ltd v Statewide Insurance Corporation Limited (Civil Application No. 10 of 1999) [1999] UGCA 68 (15 June 1999)
Delay excused where trial record missing and time for preparing the record is excluded under Rule 82(2).
  • Appeal procedure — striking out notice of appeal — alleged delay — missing trial court file — time to file excluded while preparing record (Rule 82(2)) — responsibility of Civil Registry for missing records — appellate court cannot order retrial or administrative file reconstruction; reconstruction is for trial court.
15 June 1999
Kawalya and Another v Reamaton (Civil Appeal 6 of 1999; Civil Appeal 7 of 1999) [1999] UGCA 34 (15 June 1999)
A Rule 109 reference need not include formal grounds; an informative letter suffices, so the objection was rejected with costs.
  • Civil procedure — Rule 109 Court of Appeal Rules — Reference against Registrar (taxing officer) — Informal references permitted — sufficiency of grounds in a letter. Procedural law — requirement of grounds and prayer — complaint must put respondent on notice but need not be in formal memorandum form
  • Precedent — earlier case not authoritative to impose formal memorandum requirement
15 June 1999
Isingoma and Another v Asiimwe and Others (Civil Application No. 33 of 1997) [1999] UGCA 72 (4 June 1999)
Extension of time granted where counsel's negligence and circumstances constituted sufficient cause; applicant not penalized for counsel’s error.
  • Civil procedure — extension of time under Court of Appeal Rules, r.4 — sufficient cause — delay caused by counsel’s negligence or death — counsel’s error not necessarily imputed to applicant — discretion to extend time.
4 June 1999
Adura Omuto Ltd v Henry Nyombi (Civil Application No. 5 of 1999) [1999] UGCA 66 (1 June 1999)
Extension of time granted where counsel's negligence caused delay; counsel ordered to pay the application's costs personally.
  • Civil procedure — Extension of time under Rule 4 — Meaning of "sufficient reason" — Counsel's negligence as possible ground for extension — Discretionary relief to be assessed on facts; costs may be ordered against counsel personally where delay attributable solely to counsel.
1 June 1999
Adura Omuto Ltd v Henry Nyombi (Civil Application No. 5 of 1999) [1999] UGCA 67 (1 June 1999)
Counsel's negligence can be a "sufficient reason" under Rule 4 to extend time; costs ordered against counsel.
  • Civil procedure — extension of time (Rule 4) — whether counsel's negligence can constitute "sufficient reason" to enlarge time — court discretion; costs ordered against negligent counsel personally.
1 June 1999