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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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4 judgments
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Judgment date
August 2002
Mungereza v Price Water House Coopers Africa Central (Civil Appeal No.34 of 2001) [2002] UGCA 24 (26 August 2002)
Poverty alone does not excuse a party from an arbitration agreement, which remains enforceable unless legally impossible to perform.
Arbitration – exceptions to referral – impecuniosity – 'incapable of being performed' under Section 41 of the Arbitration and Conciliation Act – poverty not a ground to avoid arbitration – arbitration clause enforcement – pre-arbitration mediation procedures – stay of court proceedings in favour of arbitration.
 26 August 2002
Sarah Bireete v Bernadette Bigirwa and Another (Election Petition Appeal No. 13 of 2002) [2002] UGCA 33 (20 August 2002)
Absence of a candidate’s photograph on the ballot is a trivial irregularity unless proven to have substantially affected the election result.
Election law – Ballot paper – omission/misplaced candidate photograph – authorised mark of choice – intention of voter must be reasonably ascertainable – non-compliance affects result only if it substantially influenced outcome – burden on petitioner to prove substantial effect – discretionary award of costs to successful candidate.
 20 August 2002
Bamweyaka and Others v Kampala District Land Board and Another (Civil Appeal No. 20 of 2002) [2002] UGCA 19 (6 August 2002)
Customary occupation prevailed; District Land Board’s allocation and subsequent registration were unlawful and obtained by fraud.
Land law – customary tenure vs lawful/bona fide occupancy – applicability of s.30 of the Land Act – s.30(5) purchaser inclusion – District Land Board powers under s.60 – procedural requirements for allocation (consultation/publicity) – fraudulent acquisition and registration of title – valid withdrawal procedure in appellate court.
 6 August 2002
Nantale v Bugyendo (Civil Appeal No.54 of 2001) [2002] UGCA 27 (2 August 2002)
The court dismissed an appeal challenging the validity of service of summons where the appellant failed to prove the recipient was a minor.
Civil procedure – service of court summons – burden of proof regarding age of recipient – application to set aside ex parte judgment – proper interpretation and application of Order 5 Rule 14 and Order 9 Rule 24 CPR.
 2 August 2002