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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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November 2007
Meera Investmsnts Ltd v The Commissioner General, URA (Civil Appeal No. 15 of 2007) [2007] UGCA 62 (26 November 2007)
A disqualification application based on unsubstantiated, belated allegations of bias must be raised promptly and will be dismissed.
* Judicial recusal – disqualification – appearance of bias – must be raised promptly and supported by evidence; judge decides sufficiency of allegation. * Civil procedure – recusal procedure – meeting in chambers with judge and opposing counsel – earliest opportunity rule. * Interim injunction – extension of status quo by chambers order during judicial strike – legality and not ex parte where it preserves existing order. * Counsel conduct – improper to wait until adverse outcome to raise unsubstantiated allegations of bias.
 26 November 2007
Muhwezi v Attorney General and Another (Miscellaneous Application No. 18 of 2007) [2007] UGCA 88 (16 November 2007)
Court suspended refund demands and attempts to remove the applicant under the Leadership Code, but allowed prosecutions to continue.
Constitutional law – Interim injunctions – IGG report into alleged mismanagement of GAVI funds – Jurisdiction and admissibility – Right to fair hearing and presumption of innocence – Leadership Code Act: suspension of demands and removal proceedings pending constitutional challenge – prosecutions not stayed.
 16 November 2007
Eng. Pascal R. Gakyaro v Civil Aviation Authoriy (Civil Appeal No. 60 of 2006) [2007] UGCA 4 (14 November 2007)
Unlawful dismissal for breach of natural justice limited to contractual notice damages; withheld funds repayable, other property claims unproven.
Employment law – wrongful dismissal for breach of natural justice – right to be heard; remedy limited by contractual notice provisions; special damages require strict proof; recovery of withheld public funds where employee denied access to accounting records.
 14 November 2007
Shamsherali Zaver Virji v F.L.Kadibhai & Ors (Civil Appeal No. 81/2004) [2007] UGCA 6 (11 November 2007)
Appellate court allowed specific performance where agent had statutory powers to sell and procedural defects did not void the contract.
Civil procedure — amendment of pleadings — correction of misnamed parties where probate resealed and respondents acknowledged representative capacity; evidence — admission of documents — effect of admission on challenge for non-payment of stamp duty; agency and powers of attorney — construction of powers conferring tenant-for-life/trustee powers including power to sell; land law — enforceability of sale where ministerial consent under Expropriated Properties Act given after agreement date; remedy — specific performance awarded; counterclaim for mesne profits dismissed.
 11 November 2007
Sitenda Sebalu v Sam Njuba and Another (Election Petition Appeal No. 07 of 2007) [2007] UGCA 82 (1 November 2007)
Court upheld decision dismissing election petition due to unmet statutory service requirements, denying jurisdiction to extend time.
Election petitions - Service of notice of presentation within statutory timelines - Court's jurisdiction on time extension under statute - Right to appeal interlocutory decisions in election matters.
 1 November 2007