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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.

Physical address
Twed Towers along Kafu Road, Nakasero,Kampala.
4 judgments
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4 judgments
Citation
Judgment date
July 2007
Appeal against defilement conviction and eight‑year sentence dismissed; trial judge’s evaluation and sentencing upheld.
Criminal law – Defilement – Evaluation of evidence and credibility findings; medical evidence of recent hymenal rupture as corroboration; allegations of fabrication due to family grudge; sentencing discretion – abuse of trust by a relative; appellate interference only where sentence is illegal or excessive.
22 July 2007
Appeal dismissed due to fraud and irregularities in property title, not recognized as bona fide purchase.
Land law – title registration – bona fide purchaser for value – due diligence – Expropriated Properties Act 1982.
20 July 2007
Prosecution proved defilement: complainant under 18, penetration and appellant’s participation; appeal dismissed.
Criminal law – Defilement – Elements: proof of complainant’s apparent age under 18, proof of penetrative intercourse (even slight), and proof of accused’s participation; medical evidence as corroboration; appellate restraint on sentencing.
14 July 2007
Appellate court upheld defilement conviction, finding identification reliable despite night conditions and no miscarriage of justice.
Criminal law – Defilement – visual identification at night – factors favouring correct identification (familiarity, proximity, brief light, presence until dawn) – corroboration not mandatory – appellate re‑weighing of evidence.
7 July 2007