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
September 2001
Erukana Kuwe v Vashrambhai Damji Vadher (Civil Appeal 42 of 2000) [2001] UGCA 34 (21 September 2001) Equity can grant relief against forfeiture where expropriation excused non‑performance and no physical re‑entry occurred. * Land law – lease – forfeiture – relief against forfeiture under s.27 Judicature Statute and equitable relief under ss.16(2)/35. * Effect of expropriation (Departed Asians custody) on lessee’s obligations – impossibility of performance. * Registration of Titles Act s.184 inapplicable where no physical re‑entry and lease not voided. * Appellate review of discretionary relief – interference only for misdirection or manifest wrong.	21 September 2001
Kuwe v Damji Vadher (Civil Appeal No. 42 of 2000) [2001] UGCA 47 (21 September 2001) Court upheld equitable relief against forfeiture and rejected proprietor's unilateral re‑entry and registration attempt. Relief against forfeiture; Judicature Statute ss.16, 27 and 35; equitable relief where statute silent; effect of expropriation on lease obligations; Registration of Titles Act s.184 and re‑entry; self‑help by proprietor; appellate review of discretionary relief.	21 September 2001
Kapeeka Coffee Works Limited v Non-Performing Assets Recovery Trust (Reference 21 of 2001) [2001] UGCA 20 (20 September 2001)	20 September 2001
Kapeeka Coffee Works Ltd. and Another v Non-Performing Assets Recovery Trust (Reference No. 21 of 2001) [2001] UGCA 72 (20 September 2001) Taxing officer’s reasonable assessment of instruction fee upheld; striking out order held interlocutory; reference dismissed. Taxation of costs – instruction fees – Third Schedule paragraph 9 – reasonableness of instruction fee; preliminary objection striking out plaint – interlocutory vs final order; appellate interference with taxing officer’s discretion only for wrong principle and substantial prejudice.	20 September 2001
Active Automobile Spares Limited v Crane Bank Limited and Another (Civil Appeal 63 of 2000) [2001] UGCA 29 (18 September 2001) Bank did not authorize afternoon dealings; bank employee on a frolic of his own held personally liable; appeal dismissed. Banking law — foreign exchange transactions — distinction between an authorized bank transaction and a private transaction by a bank employee; employee acting on a 'frolic of his own' renders subsequent dealings not binding on the bank; personal liability of bank employee for misapplied customer funds; costs follow the event.	18 September 2001
John Verjee and Anor v Simon Kalenzi and Ors (Civil Appeal No. 71 of 2000) [2001] UGCA 2 (18 September 2001) Receivers in possession may object to attachment; objector proceedings determine possession, not ultimate title or debenture registration. * Receivers – possessory rights – locus standi to bring objector proceedings. * Objector proceedings – inquiry limited to possession at date of attachment; questions of title generally excluded. * Attachment – property in possession of receivers prior to attachment not liable to subsequent attachment. * Registration of debenture/mortgage (Companies Act) is a substantive title issue for separate proceedings.	18 September 2001
Mbabazi and Kinkiizi Bus Service Ltd v Matco Stores Ltd and Another (Civil Application No. 75 of 2000) [2001] UGCA 51 (13 September 2001) Application to validate late service of Notice of Appeal dismissed as incompetent where appeal had been withdrawn and no legal basis was cited. Civil procedure – appeal withdrawn by consent – Rule 93(3) Rules of Court – effect of lodging consent in registry (mandatory striking out). Civil procedure – competence of notice of motion – necessity to cite rule or law for relief sought; failure may render application incompetent. Restoration/reinstatement of appeals – no appeal to restore once struck out by operation of law.	13 September 2001
Lule v Attorney General (Civil Appeal No. 2 of 2000) [2001] UGCA 49 (12 September 2001) Compulsory repossession under the Expropriated Properties Act attracts mandatory compensation; trial court erred refusing and delaying payment. Expropriation — Expropriated Properties Act — compulsory acquisition under Article 26 — mandatory compensation under s.11(3) and formula in s.11(4) — ministerial offers — application of Order 11 r 6 CPR on admitted offers — unjust enrichment not a bar to statutorily mandated compensation — claim for improvements to be litigated separately.	12 September 2001
Nakiranda v British American Tobacco (1984) (U) Ltd (CIVIL APPLICATION NO. 40 OF 2000) [2001] UGCA 53 (12 September 2001) Court accepted withdrawal but dismissed the appeal and awarded costs where respondent withheld consent under Rule 93. Civil procedure – withdrawal of appeal – effect of respondent withholding consent – dismissal of appeal and costs awarded under Rule 93.	12 September 2001
Vallabhudas Vithaldas and Sons Ltd. v Mateeka (Civil Appeal No. 19 of 2000) [2001] UGCA 59 (12 September 2001) Court upheld respondent's employee status and employer liability for inadequate safeguards, dismissing the appeal with costs. * Employment law – determining employee versus independent contractor by control and supervision; vicarious liability for workplace injuries. * Tort — negligence — employer's duty to provide safe working conditions; adequacy of machine safeguards and location of controls. * Contributory negligence — absence of direct evidence and inadequate safeguards can preclude finding contributory negligence. * Damages — special damages may be awarded without documentary receipts where figures are reasonable; appellate restraint on disturbing general damages absent error in principle or manifest excess.	12 September 2001
Farouk Aziz v Abdalla Abdu Mukuru (Civil Appeal 39 of 2000) [2001] UGCA 39 (5 September 2001) Appellant failed to prove res judicata or superior title; long possession and predecessor's acquisition upheld; appeal dismissed. Land law – succession and possession – disputed kibanja – proof of title by acquisition from local chief and long possession; res judicata – requirement of records to show previous suit between same parties; appellate review – re-appraisal of factual inferences on second appeal under rule 31(2).	5 September 2001
Mutabazi & 3 Others v Horizon Coaches Limited (Civil Application 97 of 2000) [2001] UGCA 23 (4 September 2001)	4 September 2001