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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
November 2009
Chogm Tour Agents (2007) (U) Ltd v Masaka Municipal Council Local Government (Civil Appeal No. 32 of 2009) [2009] UGCA 81 (25 November 2009)
Lawful suspension of procurement process by PPDA negates judicial review where bidder’s rights have not vested.
Administrative law – judicial review – public procurement – powers of Public Procurement and Disposal of Public Assets Authority (PPDA) to halt procurement process – rights of bidders – whether submission of a bid creates enforceable rights when procurement is halted.
 25 November 2009
Chogm Tour Agents (2007) (U) Ltd V Masaka Municipal Council Local Government (Civil Appeal No. 32 of 2009) [2009] UGCA 47 (24 November 2009)
PPDA lawfully suspended procurement; picking bid forms or advertisement alone grants no enforceable bidding right.
Public procurement — PPDA power to suspend procurement on complaint (s.91 PPDPA Act 2003); advertisement/bid forms do not create enforceable rights; locus standi to challenge halted procurement; delegation of PPDA functions to Executive Director; regulation 57 (notification) and procedural requirements for cancellation/extension.
 24 November 2009
Engineer Ephraim Turinawe & Anor V Molly Kyalikunda Turinawe & 4 Ors (Civil Appeal No. 18 of 2009) [2009] UGCA 49 (19 November 2009)
Whether a spouse’s consent or claimed contribution can nullify a sale when a third party paid and acquired equitable title.
Family and property law – customary marriage – proof and admissibility of foreign affidavit and oral corroboration. Evidence – admissibility requirements for documents executed outside Uganda (s.84 Evidence Act) and formalities under Advocates Act s.67. Land law – characterisation of occupied land as family property requiring spouse/children consent; effect of purchaser’s equitable interest and registration; limits of certificate of title where prior equitable arrangements exist. Proprietary claims – burden to prove monetary contribution to purchase and effect on title.
 19 November 2009
Tadeo Womusi V S.M. Wambale (Civil Appeal No. 76 of 2005) [2009] UGCA 48 (19 November 2009)
High Court properly re-appraised evidence and rightly found respondent owned the land; appeal dismissed with costs.
Civil procedure – second appeal – scope of review: appellate court must re-appraise evidence when acting as first appellate court; proof of title – sale agreement and witnesses; evaluation of inconsistencies – material vs. minor; boundary re-establishment and effect of survey marks placed during dispute.
 19 November 2009
Inspectorate of Government & Anor V Blessed Constructors Ltd (Civil Appeal No. 21 of 2009) [2009] UGCA 46 (16 November 2009)
A contractor’s contractual claim against a local government is proper; the Inspectorate cannot be joined as defendant or amicus.
Joinder — Amicus curiae — must be invited by court and be independent; Joinder as defendant — Order 1 r.3 CPR — requirement of right to relief arising from same act or transaction; Judicial review versus ordinary suit — contractual remedy appropriate where claimant seeks payment; Statutory immunity — IGG Act s.22 and Local Government Act s.173 do not bar suit against local government corporate entity; Cause of action — no right of relief against Inspectorate not privy to contract.
 16 November 2009
Janjua v Cairo International Bank (Civil Appeal No.76103) [2009] UGCA 88 (3 November 2009)
Appeal allowed: guarantee enforceable; tax-clearance condition misconstrued and superfluous; appellant awarded US$250,000 with interest.
Guarantee law – enforceability of bank demand guarantee – condition precedent interpreted as requiring tax clearance for assets – Income Tax Act s.166(7) may render such condition superfluous – demand for payment (form and timing) – unstamped instrument remarks obiter.
 3 November 2009
Madhvani International S.A v Attorney General (Civil Appeal No. 48/04) [2009] UGCA 83 (3 November 2009)
An appeal challenging dismissal of a contract claim as statute-barred fails, confirming the requirements for acknowledgment to revive time-barred debt.
Civil procedure – limitation of actions – contract claims against government – whether correspondence constituted acknowledgment reviving limitation period – requirement for clear, unequivocal acknowledgment – discretion to resolve preliminary legal points – consideration of foreign persuasive authority.
 3 November 2009