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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.
8 judgments
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8 judgments
Citation
Judgment date
December 2001
Customary tenure prevented District Land Board allocation; lease obtained without required consultation was fraudulent and cancelled.
Land law – Definitions of lawful and bona fide occupants – scope of section 30 and inclusion of purchasers (section 30(5)). Customary tenure – establishment by long occupation, purchases from earlier occupants, improvements and recognition (sections 2 and 4). Land allocation – limits on District Land Board’s power where land is held under customary tenure (section 60(1)(a)). Administrative procedure – requirement to consult/advertise allocations (Land Regulations, reg 22) and effect of fraudulent recommendations. Relief – cancellation of lease/registration obtained in breach of statutory procedure and by fraud.
21 December 2001
Civil Remedies|Damages
20 December 2001
Criminal law
17 December 2001
Affidavits in summary suits must have properly certified annexures; without them an application to defend may be dismissed.
Civil procedure — Summary suits (Order 33 CPR) — Application to defend — Supporting affidavit must properly exhibit and refer to documentary evidence — Exhibits must be sealed, marked and certified under Rule 8 (Commissioners for Oaths (Advocates) Act) — Affidavit without proper annexures may be hearsay and fail to disclose triable issue — Objection to plaint non‑compliance with Order 6 (1998 amendment) inappropriate at that stage.
13 December 2001
Criminal law|Evidence Law|Evaluation of Evidence
12 December 2001
Appellate court reduced appellant's 17-year rape sentence to 7 years, finding the original term manifestly excessive.
Criminal law – Rape – Sentence – appellate interference where sentence is manifestly excessive – relevance of prevalence of crime as a sentencing factor – need to consider offender’s circumstances and comparable sentences.
5 December 2001
Circular inviting voluntary termination did not amend Trust Deed nor unconditionally confer pension rights; suit dismissed.
Pension law – construction of employer circular offering voluntary termination/early retirement – whether circular amended Trust Deed – Trustees’ exclusive powers under Trust Deed – employer’s lack of unilateral amendment power – misrepresentation claim time-barred – special damages must be pleaded and strictly proved.
3 December 2001
Civil Procedure|Actions and applications|Taxation law|Tax Law
2 December 2001