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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
February 2007
James Isabirye v Attorney General and IGG (Miscellenous Applicaton No 02 of 2007) [2007] UGCA 3 (27 February 2007)
Court stayed criminal proceedings and execution of arrest warrant pending constitutional challenge, finding a prima facie case and risk of irreparable harm.
Constitutional law – interim relief – stay of criminal proceedings and execution of orders (including arrest warrant) pending constitutional petition; interlocutory relief test: prima facie case/probability of success and irreparable injury; balance of convenience.
 27 February 2007
Serunjogi v Lule (Election Petition Appeal No.15/2006) [2007] UGCA 70 (22 February 2007)
Court upheld annulment for lack of requisite academic qualifications and set aside an excessive four-counsel costs certificate.
* Election law – qualification of candidate – ownership of academic certificates (O Level and A Level) – proof on balance of probabilities. * Evidence – documentary and testimonial contradictions – change of name and official records – probative value of photocopied UNEB printouts. * Burden and standard of proof in parliamentary election petitions – petitioner must satisfy court on balance of probabilities. * Costs – trial judge discretion to certify counsel; certificate for four advocates excessive and subject to appellate correction.
 22 February 2007
Kanyike Vs Electoral Commission & 2 Ors (Civil Application No. 13 of 2006) [2007] UGCA 23 (8 February 2007)
Fraud and evidence elucidating the record justify admitting additional evidence on appeal in an election petition.
Court of Appeal practice — admissibility of fresh evidence on appeal — Rules 2(2) and 30 — fraud as exceptional ground to admit fresh evidence — admission of evidence that elucidates matters already on record — election petition appeals — leave to adduce school records and nomination papers by affidavit.
 8 February 2007
Bantalib Issa Taligola v The Electoral Commission and Another (Election Petition Appeal No. 11 of 2006) [2007] UGCA 83 (1 February 2007)
A court must annul an election where a candidate engages in sectarian campaign or proven electoral offences affecting the result.
Electoral law – Election petitions – Annulment of election – Sectarian campaign – Bribery – Canvassing for votes on polling day – Admissibility of subsequent affidavit evidence – Interpretation of section 125(1) and 139(c) Local Government Act – Non-compliance affecting result – Calculation of vote margin.
 1 February 2007