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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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8 judgments
Citation
Judgment date
October 2009
Mohammad B.Kasasa V Jasphar Buyonga Sirasi Bwogi (Civil Appeal No. 42 of 2008.) [2009] UGCA 44 (19 October 2009)
An amendment inserting discovery date cannot be allowed if it would defeat the defendant’s statutory limitation defence.
Limitation of actions – amendment of pleadings – Order 6 r.19 CPR – amendments defeating statutory limitation defence not permitted; mistake or negligence of counsel does not excuse failure to plead facts to avoid limitation; remedy for counsel negligence is professional negligence action.
 19 October 2009
Mohammad B. Kasasa v Jasphar Buyonga Sirasi Bwogi (Civil Appeal No. 42 of 2008) [2009] UGCA 79 (19 October 2009)

 

 19 October 2009
Attorney General v Aliu and Others (Civil Appeal No.57 of 2008) [2009] UGCA 86 (16 October 2009)
Court held that a post-judgment order purporting to grant compound interest was improper and set aside the High Court's amendment.
Civil procedure – review of judgment – slip rule – award of interest – compound interest – correcting or varying court orders – grounds for review under Civil Procedure Act – award of interest in absence of agreement.
 16 October 2009
R/O 133 Major General James Kazini v Attorney General (Constitutional Petition No. 08 of 2008) [2009] UGCA 55 (12 October 2009)
A serving officer’s prosecution by court martial for service offences is constitutional; procedural remedies, not constitutional invalidity, apply.
* Constitutional law – Article 137(3) – jurisdiction to entertain constitutional complaints; * Military justice – jurisdiction of General Court Martial and service offences under UPDF Act; * DPP consent – Article 120(3)(b) and Penal Code s.88; * Fair trial – allegations as to coram, disclosure and trial irregularities; * Judicial independence – Regulations 22 & 23 and role of convening authority; * Appeals – Regulation 20 finality of court-martial appellate decisions.
 12 October 2009
Boutique Shazim Ltd V Norattam Bhatia & Anor (Civil Appeal No. 36/07) [2009] UGCA 45 (8 October 2009)
Res judicata did not bar the fresh suit because the earlier proceeding involved the attorney, not the defendants, and the plaint disclosed a cause of action.
Civil procedure – res judicata – requirements: same matter directly and substantially in issue, same parties or parties under whom they claim litigating under same title, court of competent jurisdiction, heard and finally determined; substitution of parties – interlocutory application as a 'suit'; capacity of attorney – attorney cannot be sued in the capacity of principal; pleadings – cause of action determined from plaint; Order 7 r.11 – rejection for being barred must appear from plaint; Order 6 r.28 – points of law to be raised by pleading.
 8 October 2009
Atto Jackline V Uganda (Criminal Appeal No. 146/2004) [2009] UGCA 43 (6 October 2009)
Provocation failed; premeditation and malice aforethought found, appeal dismissed and death sentence affirmed.
Criminal law – Murder – Malice aforethought – Knowledge of likelihood of death and indifference sufficient for malice; Criminal law – Provocation – Heat of passion and absence of cooling-off period required to reduce murder to manslaughter; Evidence – Confession and circumstantial evidence supporting premeditation; Sentencing – Alleged minority not proved, death sentence affirmed.
 6 October 2009
Attorney General v L. Indiron and Others (CIVIL APPEAL NO.4 OF 2009) [2009] UGCA 64 (1 October 2009)
Whether limitation ran was a question of fact under PERD; the appellant's preliminary objection was dismissed.
Limitation — preliminary objection — demurrer — where factual issues exist preliminary objection inappropriate; PERD Act and divestiture — interaction with Limitation Act — limitation runs only when divestiture completed; compliance with prior Supreme Court orders is a factual matter for trial.
 1 October 2009
Seguya v Administrator General (Civil Appeal No. 72/2008) [2009] UGCA 71 (1 October 2009)
High Court properly conducted a de novo trial; suit for cancellation of title was not time‑barred and appeal is dismissed.
Civil procedure – jurisdicton – High Court’s original/unlimited jurisdiction to try matters de novo where earlier court records are lost; Limitation – cause of action and accrual for cancellation of title; Res judicata – effect of lost records and parties’ agreement to retrial.
 1 October 2009