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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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8 judgments
Citation
Judgment date
May 2005
Kalyegira Bernard v Uganda (Criminal Appeal No. 88/2002) [2005] UGCA 74 (30 May 2005)
Eyewitness and medical evidence of slight penetration upheld a defilement conviction and affirmed a 12-year sentence.
Criminal law – Defilement – Proof of penetration – slightest penetration sufficient to constitute carnal knowledge; medical evidence of vulval inflammation and tenderness can corroborate penetration. Evidence – Identification and eyewitness testimony – two children saw accused lying on victim; direct evidence may suffice. Circumstantial evidence – where direct evidence exists, no need for separate corroboration. Sentencing – appellate interference only if wrong principle, overlooked material factors, or manifest excessiveness.
 30 May 2005
Bwambale and Another v Yosafati Matte and Others (Civil Appeal No. 58/02) [2005] UGCA 101 (26 May 2005)
The appellate court reinstates the Chief Magistrate's ruling, finding no fraud in land title acquisition.
Land Law – Fraudulent acquisition of title – Equitable interest – Cancellation of title – Effect of procedural irregularities.
 26 May 2005
Costa Bwambale & anoer v Yosafati Matte & 3 oers (Civil Appeal No. 58 of 2002) [2005] UGCA 81 (26 May 2005)
Registered title under the RTA bars unproven customary claims; cancellation requires proved fraud and compensation is primary remedy.
Land law – Registration of Titles Act – Sections 59, 176, 177, 178 – Effect of registered certificate as bar to ejectment – Unregistered customary occupation – Proof of fraud and defects in survey/inspection – Compensation for developments where land brought under RTA – High Court’s power to cancel or substitute certificate of title.
 26 May 2005
Ackah - Yensu (as the trust administrator of non- performing assets recovery trust) v Haji Semakla and Another (Civil Appeal 29 of 2003) [2005] UGCA 85 (18 May 2005)
An appellant may withdraw an appeal, but the respondent is entitled to costs if unnecessarily brought to court and exhibits must be returned.
Civil procedure – withdrawal of appeal – application to withdraw after adjournment and settlement discussions – costs awarded to respondent who had prepared for hearing – return of exhibits – duties of counsel to communicate material instructions.
 18 May 2005
J.V.Patel v Muyanja M.Mbabaali & Anor (Civil Appeal No. 63 of 2002) [2005] UGCA 4 (18 May 2005)
Company Law
 18 May 2005
Zaabwe v Orient Bank Ltd and Others (Civil Application No. 17/03) [2005] UGCA 109 (18 May 2005)
Court allowed leave to adduce fresh evidence on appeal, holding counsel’s tactical error need not be visited on the litigant.
Appeal — Application to adduce fresh evidence on appeal — Tests for admission: reasonable diligence, probable influence, apparent credibility — Single judge may hear but better practice is full bench — Counsel’s tactical errors not always fatal to litigant where litigant unaware.
 18 May 2005
Bamanya v Zaver (Civil Appeal No. 53 of 2003) [2005] UGCA 104 (17 May 2005)
The appellate court upheld the trial court’s dismissal of a claim for payment after finding the respondent’s settlement evidence more credible.
Contract law – Evaluation of evidence – Settlement and mediation – Credibility of witnesses – Business practices – Documentary and oral evidence – Civil procedure – Grounds for appellate interference with trial courts’ assessments.
 17 May 2005
Aladam Enterprises Ltd. v S.G.S. (U) Limited and Others (Civil Application No. 20 of 2005) [2005] UGCA 110 (16 May 2005)
Court reduced manifestly excessive instruction fees, struck unproven disbursements, and awarded costs to the applicant.
Taxation of costs – instruction fees on appeal – application of paragraph 9(2) of 3rd Schedule – necessity to consider amount in dispute, nature, importance and difficulty, other costs and conduct of proceedings – hypothetical-counsel test vs seniority of counsel – disbursements: mandatory production of receipts under paragraphs 4 and 11 – manifestly excessive award reduced.
 16 May 2005