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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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3 judgments
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July 2008
Bororoza and Others v and Others (Civil Application No.44 of 2008) [2008] UGCA 39 (29 July 2008)
A Presidential committee performing quasi‑judicial duties is amenable to review; injunction granted to prevent eviction pending appeal.
Administrative law – Judicial review – Quasi‑judicial functions of a Presidential committee – Certiorari and prohibition lie; Interim relief – injunction pending appeal – tests of prima facie case, irreparable harm and balance of convenience; Civil procedure – Rule 42(2) – interlocutory applications to Court of Appeal; Service/joining of Attorney General.
 29 July 2008
Grace Bamurangye Bororoza and 53 others vs Dr Kasirivu Atwooki and 5 others (Civil Application No.44 of 2008) [2008] UGCA 5 (29 July 2008)
Court granted interim injunction preventing eviction pending appeal, holding presidential committee actions amenable to judicial review and irreparable harm proven.
Administrative law – judicial review – certiorari and prohibition – whether a presidentially‑constituted committee performing quasi‑judicial functions is amenable to prerogative writs; Interim relief – requirements for interlocutory injunction – prima facie case, irreparable harm, balance of convenience; Civil procedure – Court of Appeal Rules (Rule 42(2)) and competence of applications filed in the Court after filing an appeal; Constitutional rights – fair administrative action and right to fair hearing (arts. 28 and 42).
 29 July 2008
Mutumbwe William v Uganda (Criminal Appeal No. 252 of 2002) [2008] UGCA 12 (4 July 2008)
Conviction for defilement quashed for lack of proof of penetration; substituted conviction for attempted defilement and life sentence set aside.
Criminal law – Sexual offences – Defilement – Requirement of proof of penetration – Victim's evidence and corroboration – Medical evidence equivocal on penetration – Conviction for attempted defilement where overt acts manifest intent; sections 123(2) and 369 Penal Code.
 4 July 2008