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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
9 judgments
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9 judgments
Citation
Judgment date
August 2005
Bizibu Charles v Nalwoga Juliet (Civil Appeal No. 26 of 2005) [2005] UGCA 82 (31 August 2005)
Default judgment set aside where defendant was not duly served and process-server failed to show due diligence.
Civil procedure — Setting aside ex parte decree — Due service of summons — Affidavit of service and process-server's due diligence — Substituted service (newspaper) for different application not equivalent to service of summons — Sufficiency of defence — Name variation.
 31 August 2005
Bizibu v Nalwoga (Civil Appeal No.26 of 2005) [2005] UGCA 102 (31 August 2005)
A default judgment was set aside due to lack of proper service of summons and inadequate judicial evaluation of evidence.
Civil procedure – service of summons – ex parte judgment – setting aside default judgment – due diligence in service – substituted service – evaluation of affidavit of service – right to defend suit.
 31 August 2005
Kabugo and Another v Bank of Baroda (U) Ltd (Civil Appeal No. 72 of 2002) [2005] UGCA 106 (30 August 2005)
Closure of pleadings does not bar a court from hearing a substantive strike-out motion; the motion must be decided on its merits.
Civil procedure — Interlocutory application to strike out — Defence filed without annexures — Closure of pleadings not fatal — Preliminary objections — Affidavit defects (predating/sworn by counsel) — Remittal for substantive hearing.
 30 August 2005
Moit v Osekeny (Civil Appeal No. 17103) [2005] UGCA 97 (25 August 2005)
Whether distress complied with the Distress for Rent Act, whether landlord sanctioned unlawful distress, and quantum of special damages.
Distress for rent – statutory requirements under Distress for Rent (Bailiffs) Act; certificate to act as bailiff; definition/role of "attorney" under Act; landlord's liability for wrongful distress – sanction/ratification; proof and quantum of special damages.
 25 August 2005
Standard Chartered Bank (U) Ltd & Anor v EMAG AG (Civil Appeal No. 3 of 2003) [2005] UGCA 12 (23 August 2005)
A creditor and its receiver found liable for conversion where they sold bailed goods without adequately investigating owner’s claim.
Civil law – conversion and detinue – requirement of seizure, demand and refusal – liability where creditor/receiver sells goods held by bailee without adequate investigation. Bailment – bailee’s control makes locus of goods immaterial for conversion claims when owner identifies goods. Agency – receiver may operate effectively as agent of creditor; creditor can be liable for receiver’s acts. Damages – special damages must be pleaded and proved; appellate interference limited absent wrong principle or wholly erroneous estimate.
 23 August 2005
Iterufia v Muguta (Civil Appeal No. 22 of 2002) [2005] UGCA 98 (19 August 2005)
Appeal dismissed; court upheld rectification of title and restoration of customary shares after fraud despite procedural issues about a deceased plaintiff.
Land law – fraudulent acquisition of title; equitable/declaratory relief – restoration of customary holdings and rectification of certificate of title; civil procedure – effect of death of a plaintiff and requirement for letters of administration; incapacity – when appointment of guardian ad litem is required.
 19 August 2005
Iterura v Muguta (Civil Appeal No. 22/2002) [2005] UGCA 91 (19 August 2005)
Majority upheld rectification of title for fraud; minority would have set aside relief benefitting deceased absent letters of administration.
Land law – customary kibanja and registered freehold – rectification of certificate of title where title obtained by fraud; Succession/Procedure – survival of cause of action on death, requirement for letters of administration/personal representative; Civil procedure – effect of deceased plaintiff’s death on proceedings; Capacity – when alleged insanity requires a guardian ad litem.
 19 August 2005
Kituuma Magala & Co. Advocates v Celtel Uganda Limited (Civil Appeal No. 39 of 2003) [2005] UGCA 111 (18 August 2005)
An advocate cannot enforce or evade an illegal client agreement; such agreements are unenforceable and appeal dismissed.
Advocates Act (s51) – formal requirements for agreements between advocate and client – non-compliance renders agreement illegal and unenforceable; illegality bars enforcement and taxation of costs; in pari delicto principle; advocate cannot circumvent illegality by relying on Remuneration and Taxation of Costs Rules; letters as part of overarching agreement.
 18 August 2005
Ethiopian Airlines v Mrs. Olowu Motunrola (Civil Appeal No.30 of 2003) [2005] UGCA 83 (5 August 2005)

 

 5 August 2005