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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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5 judgments
Citation
Judgment date
April 2001
Mpuugu and Sons Transporters Limited v Attorney General and Another (Civil Appeal 63 of 1999) [2001] UGCA 27 (27 April 2001)
A competing operator’s licence was lawful; unsigned administrative report had no evidentiary value, fraud unproven, appeal dismissed.
Transport licensing – validity of operator’s licence – unsigned administrative report lacks evidentiary value – Article 126(2)(e) misapplied if used to validate unsigned documents – Traffic and Road Safety Act ss.95(1), 91(2)(e) on consultation and regard to interests – fraud must be strictly pleaded and proved – duty to assess damages but non-assessment not always fatal.
 27 April 2001
Bukenya Patrick & anoer v uganda (Criminal Appeal No.15 of 1999) [2001] UGCA 13 (26 April 2001)
Criminal law
 26 April 2001
Dr. S.B. Kinyatta and Another v Subramanian Rajha Gopalan and Another (Civil Application No. 100/2000) [2001] UGCA 64 (20 April 2001)
Compliance with rule 82’s written request requirement prevents striking out a notice of appeal despite failure to prosecute the appeal.
Civil procedure – Court of Appeal Rules, rule 82 – effect of written application for copy of record within time – whether further duty to follow up preparation of record imposed. Notice of appeal – failure to prosecute appeal after complying with rule 82 – court’s remedial limits. Abuse of process – potential for delaying execution versus strict interpretation of procedural rules.
 20 April 2001
Aziz v Makuru (Civil Appeal 39 of 2000) [2001] UGCA 36 (11 April 2001)
Original acquisition and long occupation established the respondent's superior title; appeal dismissed with costs.
Property dispute – caveat removal – title by original acquisition from customary chief – long occupation and development – prescription vs. original title – res judicata (lack of prior records) – appellate re-appraisal of evidence under Rule 31(2).
 11 April 2001
African Cooperative Society v Uganda Railways Corporation (Civil Application No. 24 of 2001) [2001] UGCA 44 (6 April 2001)
6 April 2001