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

12 judgments

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12 judgments

Citation	Judgment date
July 2001
Caltex Oil Uganda Limited v Ms Serunkuma Bus Services Limited (Civil Appeal 49 of 2000) [2001] UGCA 32 (31 July 2001) Whether the applicant’s agreement was inadmissible under ss.65–66 Advocates Act and if Court Registrars are "registering authorities". Advocates Act ss.65–66 – admissibility of instruments – requirement to endorse preparer’s name and address – meaning of "registering authority" includes Court Registrars – s.65(2)(c) exception for full‑time employees of limited liability companies – evidential character of exception – premature exclusion of document without affording opportunity to adduce proof.	31 July 2001
Uganda Electricity Board v Luganda Stephen Sanya (Civil Appeal No. 1 of 2000) [2001] UGCA 73 (31 July 2001) Article 26 property rights override Electricity Act; trial court rightly refused adjournment and damages award upheld. * Constitutional law – Article 26 – protection against compulsory deprivation of property; right to compensation and access to court overriding inconsistent statutory provisions (Electricity Act ss.37,56). * Civil procedure – trial judge’s discretion to grant adjournments – appellate restraint where discretion exercised judiciously. * Natural justice – failure to compel witnesses and alleged denial of opportunity to address – no miscarriage where opportunity provided and not taken. * Evidence – pleaded claims in addendum and unchallenged oral proof sufficient to support award of special damages.	31 July 2001
Lonrho Cotton (U) Ltd v Rwakiseta (Civil Application No.53 of 2000) [2001] UGCA 48 (30 July 2001) Notice of appeal struck out as abuse of process for failing to collect notified High Court record, with costs. * Civil procedure – appeal – Notice of Appeal struck out as abuse of process for failure to collect record of proceedings after notification. * Service and proof – adequacy of affidavits to rebut notice and explain delay. * Procedural irregularity – wrong rule cited; court’s inherent power to correct procedural errors. * Costs awarded for abuse of process.	30 July 2001
Mudumba v Kuluse (Civil Application No.29 of 2000) [2001] UGCA 67 (30 July 2001) The court granted leave to appeal to the Supreme Court, finding the land dispute raised issues of general public importance. Civil procedure – certificate for leave to appeal – land dispute – limitation of actions – applicant's omission induced by Registrar's advice – right to final appeal.	30 July 2001
Lutaaya v Stirling International Civil Engineering Company Limited (Civil Appeal 62 of 1999) [2001] UGCA 22 (25 July 2001) Evidence may displace a preliminary finding of cause of action; plaintiff lacked locus standi to sue alone, appeal dismissed. Property law – mailo title and locus standi – capacity to sue where multiple registered proprietors; civil procedure – preliminary objection on cause of action is decided on pleaded facts; evidence at trial may displace preliminary rulings; consequence of absence of locus standi on trespass claims.	25 July 2001
Inderjit v Registrar of Tittles (Civil Appeal 57 of 2000) [2001] UGCA 37 (24 July 2001) Where the Registrar has given written reasons, the applicant need not make a formal s.190 request before court challenge. Registration of Titles Act (s.190) – Procedural requirement to require Registrar to set forth reasons – Whether formal application and fee mandatory – Informal written reasons from Registrar sufficient – Striking out for non-compliance inappropriate where reasons already disclosed.	24 July 2001
Siraba v Development Finance Co. of Uganda (Civil Appeal No. 18 of 2000) [2001] UGCA 58 (24 July 2001) A registered mortgagee's title is indefeasible unless fraud by the respondent is pleaded with particulars and strictly proved. * Land law – Registration of Titles Act – section 184 – Indefeasibility of title; registered mortgagee protected. * Fraud – Impeachment of registered title – must be pleaded with particulars and strictly proved; burden heavier than balance of probabilities. * Forgery – A forged power of attorney does not automatically void a registered mortgage absent fraud attributable to the transferee. * Evidence – Handwriting expert opinion on photocopies and unsworn specimen signatures insufficient to prove fraud by the registered mortgagee.	24 July 2001
Sudhir Ruparelia v Magezi and Another (Civil Appeal No. 61 of 1996) [2001] UGCA 70 (24 July 2001) Whether parking‑business operations had commenced (installation/operationalization of metres) for payment of the sale balance. Contract — Sale agreement — Condition precedent: payment of balance "within four months after commencement of the operations of the business" — construction of general words in context of main object — requirement of actual installation and operationalization of parking metres before balance payable; appellate review of trial judge's contract construction.	24 July 2001
Sudhir Ruparella v Magezi and Another (Civil Appeal 61 of 1999) [2001] UGCA 26 (24 July 2001) Whether "commencement of operations" occurred before installation of parking metres — court held it had not; balance not payable. * Contract interpretation — construction of "commencement of operations" clause — general words limited by main object and surrounding circumstances. * Relationship between separate commercial agreements — sale agreement terms govern payment obligations; third-party operational agreement not to be imported into sale terms. * Payment obligation contingent on installation and operationalization of infrastructure.	24 July 2001
East Africa General Insurance Company Ltd and Another v East Africa General Insurance Co. Ltd (Civil Application No. 22 of 2001) [2001] UGCA 66 (20 July 2001) Appeal was struck out due to lack of authority, absence of necessary leave, and being time-barred. Company Law – Repossession of expropriated properties – authority to institute legal proceedings – requirement for leave to appeal – time limits for service of appeal – locus standi.	20 July 2001
Ssekabe (Legal Represenative of Kizito) v Zirabamuzaale and Another (Civil Appeal 9 of 2000) [2001] UGCA 38 (2 July 2001) A deceased defendant’s legal representative must be joined before trial proceeds if the estate’s interests will be affected. Civil procedure – Death of a defendant – Order 21 r.4 CPR – Necessity to implead legal representative where reliefs affect deceased’s estate – Cause of action not surviving against surviving defendant – Specific performance of sale and part-payments inseparable.	2 July 2001
Ssekabe v Zirabamuzzaale and Another (Civil Appeal No. 9 of 2000) [2001] UGCA 61 (2 July 2001) Judgment set aside and retrial ordered because deceased defendant's legal representative was not impleaded. Civil procedure – Death of a defendant – Order 21 rr.2 & 4 – Necessity to implead legal representative where relief affects deceased’s estate – Suit suspended until impleading – Specific performance and transfer – survival of cause of action – Qualified admissions and judgment on admission.	2 July 2001