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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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Judgment date
August 2000
Lawrence Mwayi & 4 oers v Uganda (Criminal Appeal No.162 of 2001) [2000] UGCA 22 (27 August 2000)
Whether appellants' alibi and claimed inconsistencies undermine eyewitness identification and proof of common intention in murder.
* Criminal law – Murder – Eyewitness identification in daylight – Reliability and preference for viva voce testimony over improperly tendered police statements. * Criminal procedure – Admission of police statements – statements not shown/read back cannot be used to impeach witness testimony. * Criminal law – Defence of alibi – burden on prosecution to rebut beyond reasonable doubt; appellate review under Rule 29. * Criminal law – Common intention (s.22 Penal Code) – mob action and shared intent to kill. * Evidence – Non-production of physical exhibits/medical evidence not fatal where cogent eyewitness evidence exists.
 27 August 2000
Ojangole John Michael v Uganda (Criminal Appeal No.137 of 1999) [2000] UGCA 15 (23 August 2000)
Nighttime identification upheld; belated alibi consideration not prejudicial; appellate court imposes and corrects omitted sentence, appeal dismissed.
Criminal law – Identification evidence – night time identification assessed by familiarity, lighting, distance and duration; caution where ID is sole basis. Criminal procedure – Alibi – trial judge’s belated consideration irregular but not necessarily prejudicial. Appellate powers – Court of Appeal may impose sentence omitted by trial court (Judicature Statute s.12; CrPC s.331). Sentencing – correction of trial court’s omission and setting aside of erroneous orders.
 23 August 2000
Serwadda Muhammed v Uganda (Criminal Appeal No. 82 of 1999) [2000] UGCA 11 (14 August 2000)
Conviction quashed for improper confession admission, inadequate corroboration of accomplice evidence, and denial of counsel of choice.
Criminal law – admissibility of extra‑judicial statements – requirement for trial‑within‑a‑trial; accomplice evidence – need for corroboration; common intention – necessity to consider where multiple participants; circumstantial evidence – must exclude other reasonable hypotheses; right to counsel of choice – constitutional protection and effect of denial.
 14 August 2000
Uganda Revenue Authority v Uganda Consolidated Properties Ltd (Civil Appeal No. 31 of 2000) [2000] UGCA 2 (8 August 2000)

 

 8 August 2000