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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.
6 judgments
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6 judgments
Citation
Judgment date
May 2002
A purchaser at sale in execution can be joined and its title challenged for execution irregularities despite prohibition on 'fronting' allegations.
Civil Procedure Act s.35(1) – execution proceedings – joinder of auction purchaser and investigation of execution irregularities; Civil Procedure Act s.51 – prohibition on pleading 'fronting'; Civil Procedure Rules Order 19 r.64 – notice period before sale; validity of sale in execution; auctioneer/bailiff liability and procedure.
27 May 2002
Constitutional interpretation claims belong to the Constitutional Court; suits against government must be brought against the Attorney General.
Constitutional law – jurisdiction – Article 137 (Constitutional Court) v Article 50 (enforcement of fundamental rights); procedural competence – plaint v notice of motion; Fundamental Rights Enforcement Rules applicable to Constitutional Court; suits against government must be instituted against the Attorney General; DPP and police officer not proper parties for official acts.
20 May 2002
A former member who resigned and transferred shares could not petition for company winding up or seek remedies for mismanagement.
Company law – effect of resignation as member/director – locus standi to petition for winding up – admissibility of evidence from other proceedings – rectification of company register – proper grant of remedies affecting third parties.
20 May 2002
Conviction overturned where sole eyewitness identification was unsafe and uncorroborated.
Criminal law – identification evidence – single identifying witness – cautionary rule – examine length of observation, distance, lighting, prior acquaintance – need for corroboration where conditions unfavourable; murder conviction quashed for unsafe identification.
16 May 2002
Failure to formally frame issues was irregular but not fatal; technical claims (scales, pricing) required expert evidence and were unsupported.
Civil procedure – framing of issues (Order 13 r1(5)) – irregularity but no miscarriage of justice where parties clearly identified contested matters; Evidence – technical issues (weighing scales) require expert proof; Contract/pricing – preferential price claims must be supported by clear agreement; Credibility – court may prefer independent auditor over partisan witness; Judgment requirements – reasons must be in judgment (Order 18 r4-5) but body of judgment sufficed; Costs – discretionary, cannot award unpleaded costs (Order 6 r6; Civil Procedure Act s27).
14 May 2002
Criminal law
8 May 2002