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
March 2007
Mbale Exporters & Importers Ltd v Ibero(u) Ltd (Civil Appeal No. 84 of 2005) [2007] UGCA 68 (28 March 2007) Appellant’s consignment accepted on respondent’s premises made respondent a bailee liable for loss from negligent/conniving security, awarding damages. * Sale of goods – delivery – late delivery not repudiation where consignment accepted and acted upon. * Bailment – acceptance of goods gives rise to bailee’s duty of care; gratuitous bailment is recognised. * Negligence – vicarious liability/connivance of security staff and hired guards; burden shifts to bailee to show lack of negligence. * Evidence – CCTV and circumstances (assaulted guard, missing guards) relevant to establishing breach and liability. * Remedies – award of market value, general damages, commercial and judgment interest, and costs.	28 March 2007
Sande Martin v Uganda (Criminal Appeal No. 278 of 2003) [2007] UGCA 8 (27 March 2007) Appeal dismissed: unchallenged victim testimony and medical corroboration upheld conviction; sentence of eight years affirmed. Criminal law – Defilement – Proof beyond reasonable doubt; right to silence – effect of failure to cross-examine prosecution witnesses; corroboration in sexual offences – medical evidence; indictment particulars – sufficiency as to time; sentencing discretion – appellate restraint.	27 March 2007
Kitosi Charles & Ors v Bumero Estates Limited (Civil Appeal No. 59 of 2005) [2007] UGCA 67 (22 March 2007)	22 March 2007
Zungu Denis v Uganda (Criminal Appeal No. 287 of 2003) [2007] UGCA 61 (22 March 2007) Conviction quashed where eyewitness and medical evidence were unreliable and judge impermissibly relied on defence weaknesses. Criminal law – Defilement – Sufficiency of evidence; eyewitness reliability (distance and environment); medical expert evidence must be grounded in explained findings; child evidence and caution; hearsay inadmissibility; burden of proof not to be displaced by reliance on weaknesses of defence.	22 March 2007
Lt. Steven Misango and Lt. Omar Obongo v Uganda (Criminal Apeal No. 52 of 2001) [2007] UGCA 2 (21 March 2007) Appellants’ convictions and death sentences for murder upheld: malice aforethought and common intention proved; intoxication and poor representation rejected. Criminal law – Murder – Malice aforethought; Common intention (s.22 Penal Code) – Liability of co-participants in unlawful arrest/beating; Intoxication – evidential burden; Appeal – scope of second appeal and deference to concurrent findings; Fair trial – adequacy of legal representation; Forensic evidence – cause of death.	21 March 2007
Begumisa Financial Services Limited v General Mouldings Limited and Another (Civil Appeal 86 of 2002) [2007] UGCA 72 (16 March 2007) Interest on awarded contractual damages runs from the filing date; second defendant held jointly liable where evidence showed joint involvement. Contract — breach — consultancy and loan procurement services — whether second company was party to contract; Civil Procedure — award of interest — discretion and appropriate commencement date; Evidence — evaluation of oral agreement, conduct and documentary inference to determine joint liability.	16 March 2007
Ssenkaali and Others v Attorney General (Civil Appeal No 55 of 2005) [2007] UGCA 84 (15 March 2007) Former government soldiers are entitled to outstanding benefits, as their employment was not lawfully terminated and suit not time-barred. Constitutional law – employment in government armed forces – effect of post-revolution Legal Notice on soldiers’ appointments – procedural requirements for lawful termination – limitation of actions – entitlements to terminal benefits, salaries, and discharge certificates.	15 March 2007
Kaija and Another v The Electoral Commission and Another (Election Petition Appeal No. 12 of 2006) [2007] UGCA 85 (3 March 2007) Statutory limits for election petitions are directory; candidates are liable for agents' acts, and proven electoral malpractices justify annulment. Electoral law – election petitions – statutory timelines for determination – directory or mandatory; admissibility of affidavits by illiterate deponents; application of Parliamentary Elections Act offences to local council elections – carrying firearms at polling stations; agency principles in electoral liabilities; standard of proof in election petitions.	3 March 2007
Isabirye v Attorney General and Another (Misc. Application No. 02 of 2007) [2007] UGCA 89 (1 March 2007) Court granted an interim stay of criminal proceedings and execution of orders pending constitutional challenge, finding a prima facie case and irreparable harm. * Constitutional law – interim relief – stay of criminal proceedings pending constitutional petition – criteria: prima facie case with probability of success and risk of irreparable injury. * Interlocutory relief – burden of applicant to show serious questions to be tried and probability of entitlement to relief; proof of facts not required at this stage. * Stay of execution – power to stay execution of orders and warrants where pending constitutional challenges may render proceedings nugatory.	1 March 2007