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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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9 judgments
Citation
Judgment date
March 2001
Balyejusa v Development Finance Company Limited (Civil Application 34 of 2000) [2001] UGCA 30 (26 March 2001)
Court allowed extension and revalidated incompetent appeal, holding counsel’s mistake could justify extension of time.
Civil procedure – extension of time under Court of Appeal Rules (Rule 4) – requirements for sufficient cause; effect of counsel’s mistake. Appeal – validation/revalidation of an incompetent pending appeal. Affidavit defects – misnaming of deponent – amendability vs. nullity. Principles: diligence of party, inordinate delay, errors of counsel may suffice if not gross negligence.
 26 March 2001
East Africa General Insurance Company Limited v Manubhai Madvhani and 2 Others (Civil Application 14 of 2001) [2001] UGCA 35 (26 March 2001)
Single Justice lacked jurisdiction to grant substantive stay of execution; interim order of 15 March 2001 rescinded.
Court of Appeal procedure — certificate of urgency — effect of Certificate of Repossession on authority to sue; procedural irregularities — omission to attach proceedings and misdescription as revision are technical defects; affidavits — jurat and title defects not necessarily incurable; jurisdiction — limits on single Justice under Rule 52(2) and section 13 of Judicature Statute; rescission of unauthorized interim order and reinstatement of High Court order.
 26 March 2001
Transafrica Assurance Co. Ltd v Cimbria (EA) Ltd (Civil Appeal No. 11 of 2001) [2001] UGCA 1 (26 March 2001)
Contract Law|Enforcement of contract
 26 March 2001
Okwang Peter v Uganda (Criminal Appeal No.104 of 1999) [2001] UGCA 6 (22 March 2001)
Criminal law
 22 March 2001
Muwanga Estates Ltd and Another v NPAITT (Civil Application No. 49 of 2001) [2001] UGCA 63 (19 March 2001)
Court grants extension to appeal due to counsel's failure where applicants were not personally dilatory.
Extension of time – leave to appeal out of time – exercise of discretion under Court of Appeal Rules (Rule 4) – counsel’s negligence as good cause – vigilant litigant not to be debarred for solicitor’s default.
 19 March 2001
S v Niyontore and Another (Civil Appeal 58 /2000) [2001] UGCA 56 (13 March 2001)
Whether an appeal against a temporary injunction is nugatory once the main proceedings have been finally disposed of.
Civil procedure — Appeal — Mootness/nugatory appeals — Whether an appeal against a temporary injunction survives final disposal of the main proceedings. Civil procedure — Withdrawal of appeal — Conditional withdrawal and costs — Whether withdrawal may be used to avoid dismissal. Public law/common law development — Whether courts should decide precedent-based legal questions that may be academic due to lapse of injunctive relief.
 13 March 2001
S v Niyontore (civil appeal 13/2001) [2001] UGCA 57 (13 March 2001)
Whether an appeal against a temporary injunction remains live after disposal of the underlying proceedings.
Appeal procedure — Mootness and nugatory appeals — Whether an appeal challenging a temporary injunction survives where the underlying proceedings have been concluded; Injunctions — Whether a temporary injunction can properly be granted to an employee to restrain an employer from evicting the employee from employer's property; Costs — Consequences of conditional withdrawal of an appeal.
 13 March 2001
Kapeeka Coffee Works Limited and Another v Non -Performing Assets Recovery Trust (Civil Appeal 53 of 2000) [2001] UGCA 21 (2 March 2001)
Failure to plead or give the prescribed notice of assignment under the NPART Regulations extinguishes title to sue; plaint struck out.
Non-performing assets trust statute – statutory assignment and procedural compliance – Regulation 4(b) S.I. No.76/95 requires prescribed notice of assignment to debtor – failure to plead/effect notice renders plaint defective and discloses no cause of action.
 2 March 2001
Mwesigwa and Another v Uganda Consolidated Properties Ltd (Civil Appeal No. 2 of 2001) [2001] UGCA 52 (1 March 2001)
Whether a board‑initiated, government‑sanctioned closure constitutes government-caused dismissal triggering severance pay.
Employment law – termination during privatisation/restructuring – attribution of dismissal: Board decision versus Government sanction; interpretation of severance entitlement under Staff Manual; role of Divestiture Rules and Minister’s supervisory function.
 1 March 2001