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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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7 judgments
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Judgment date
June 2007
Musiitwa Mulasa v Electoral Commission and Another (Election Application 5 of 2006) [2007] UGCA 71 (30 June 2007)
An interlocutory ruling on an election petition's competence that goes to its root is appealable; application to strike out the appeal dismissed.
* Election law – interlocutory determinations – appealability under section 145(1) Local Governments Act – point of law going to root of petition is appealable. * Election procedure – competence of petition – non‑compliance with statutory filing/gazettement requirements may render petition a nullity and should ordinarily be struck out. * Civil procedure – leave to appeal – ambiguity in trial record; benefit of doubt to party claiming leave.
 30 June 2007
Southern Investments Ltd v Mukaburura Foundation Investments Ltd (Miscellaneous Application No. 77 of 2007) [2007] UGCA 79 (29 June 2007)
A respondent with unknown whereabouts and unpaid costs must furnish security for past and future appeal costs or face dismissal.
Court of Appeal — security for costs — discretionary grant where respondent’s whereabouts unknown and prior costs unpaid — substituted service — deposit for past and future costs (10% of suit value) — failure to pay may lead to dismissal of appeal.
 29 June 2007
Dr. Chebrot and Another v Central Purchasing Company Limited (Civil Appeal 77 of 2003) [2007] UGCA 74 (19 June 2007)
A continuing personal guarantee is enforceable while the principal debtor remains indebted; action against guarantors was not time‑barred.
Guarantee law – continuing guarantee – guarantor liability arises when principal debtor is liable and continues while debtor remains indebted; statute of limitations and continuing securities; enforceability of prior judgment against guarantors; liability capped, reduced by instalments and sale proceeds; joint and several liability; recoverability of costs versus general damages; interest and costs discretion.
 19 June 2007
John Busuulwa v John Kityo & Ors (Civil Appeal No. 112/2003) [2007] UGCA 5 (15 June 2007)
A purchaser of mailo land takes title subject to existing Bibanja interests; appeal dismissed with costs.
Land law – Mailo land; Bibanja (customary occupancy) – protection of bibanja holders on transfer; Registration of Titles Act s.92(2) – transferee takes subject to pre-existing interests; Purchaser’s duty to inquire into possession; Standard of review on second appeal – deference to trial findings.
 15 June 2007
Serunkuma Abdu v Uganda (Criminal Appeal No. 315 of 2002) [2007] UGCA 14 (15 June 2007)
Single-witness identification at night upheld where prior acquaintance and corroborating details made identification reliable.
Criminal law – Identification evidence – single identifying witness at night – sufficiency of lighting, prior acquaintance, corroborative detail (maize cob) and delay in arrest – when identification is reliable.
 15 June 2007
Owori John Martin v Uganda (Criminal Appeal No. 297 of 2003) [2007] UGCA 13 (14 June 2007)
Court reduced a ten-year manslaughter sentence to time served, ordering immediate release for a repentant first offender.
Criminal law — Sentencing on manslaughter — Appeal against sentence — Principles for interfering with sentence — Guilty plea, first offender status and time on remand as mitigating factors — Reduction to time served.
 14 June 2007
Jamal and Others v Shamji (Civil Appeal No. 67 of 2001) [2007] UGCA 78 (5 June 2007)
Service on an advocate given as appellants’ address for service was effective and within the Supreme Court’s 21-day time limit.
Civil procedure – service of process – effect of service on an advocate given as address for service; substituted service – whether subsequent substituted service negates prior effective service; compliance with rules for changing address for service; requirement for extension of time when effective service has been effected; admissibility of court deciding matters not expressly argued by counsel.
 5 June 2007