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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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June 2008
Trustees, Muslim Association v Kampala City Council (Civil Application No. 147 of 2007) [2008] UGCA 8 (30 June 2008)
Application for security for costs and deposit of decretal amount dismissed for lack of supporting affidavit and respondent's capacity to pay.
* Civil procedure — Security for costs — Application to order security for costs and for deposit of decretal amount; requirement for affidavit evidence to support such orders. * Civil procedure — Amendment of motion — amended prayers must be supported by affidavit material. * Consideration of litigant’s financial capacity — local authority’s assets and income relevant in refusing security orders.
 30 June 2008
Kurong Stanley v Uganda (Criminal Appeal No. 314 of 2003) [2008] UGCA 11 (20 June 2008)
Identification parade and corroborative circumstantial evidence upheld; appeal dismissed and conviction maintained.
Criminal law – identification parades – fairness and admissibility; Circumstantial evidence – cogency and corroboration of identification; Alibi – evaluation and rejection; Conduct of accused (flight, false statements) as corroborative evidence.
 20 June 2008
Julius Rwabinumi V Hope Bahimbisomwe (Civil Appeal No. 30 of 2007) [2008] UGCA 19 (19 June 2008)
Appellate court upholds cruelty finding, rejects witchcraft defence, affirms maintenance and endorses constitutional principle of joint matrimonial property.
Family law – divorce – cruelty and credibility of witnesses; accusations of witchcraft as ground of cruelty; matrimonial property – constitutional equality and joint ownership; division of matrimonial assets on divorce; maintenance – retrospective and consequential orders; appellate review of trial judge credibility findings.
 19 June 2008
Matovu v Oyeru (HCCS No. 681/1998) [2008] UGCA 26 (6 June 2008)
A registered co-owner’s title is indefeasible unless fraud attributable to the transferee is strictly proved; appeal allowed.
Registration of Titles Act s.176 – indefeasibility of certificate of title; fraud as exception requires strict pleading and proof; fraud must be attributable to transferee; bona fide transferee for value; account, possession and injunction as remedies.
 6 June 2008