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

9 judgments

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9 judgments

Citation	Judgment date
December 2009
Kakubi Paul & Anor v Uganda (Criminal Appeal No. 126 of 2008) [2009] UGCA 56 (28 December 2009) Appeal dismissed: court upheld conviction, finding eyewitness identification and circumstantial evidence proved the applicant's guilt. Criminal law – Murder – Identification evidence – recognition by known witnesses at night under moonlight and fire – Alibi – burden on prosecution to displace alibi beyond reasonable doubt – Circumstantial evidence – must produce moral certainty and point irresistibly to guilt – Appeal – evaluation of evidence.	28 December 2009
Giuliano v Glaudio (Civil Appeal No. 91 of 2003) [2009] UGCA 94 (16 December 2009) No oral joint venture proved; machines sold to company; commissions due; cannot order relief against non‑party company. Civil law – contracts – oral joint venture alleged but not proved; sale by delivery and draft sale agreements admissible as evidence; corporate personality – court cannot order relief against a non‑party company or its directors; entitlement to commissions established; general damages discretionary and require proof; award of commercial interest (20% p.a.).	16 December 2009
Uganda V Tigawalana Bakali Ikoba & Ors & Gaddaffi Yakubu Walusimbi & Anor V Uganda (Criminal Appeal No. 21 of 2005) [2009] UGCA 51 (16 December 2009) Court of Appeal substituted murder convictions, finding common intention and procurement by the respondents. * Criminal law – Murder v. manslaughter – common intention and malice aforethought; procurement of murder. * Evidence – corroboration of accomplice/confession statements; admissibility and weight of charge and caution statement. * Circumstantial evidence – telephone communications, post-offence conduct, motive and rendezvous as proof of procurement. * Appellate re-evaluation – Rule 30 re-assessment of credibility and drawing of inferences.	16 December 2009
M.Buwule v Stirling International Civil Engineering (Civil Appeal No. 7 of 2000) [2009] UGCA 58 (14 December 2009) Civil Procedure\|Jurisdiction	14 December 2009
Muhwezi Jackson V Uganda (Criminal Appeal No. 149/08) [2009] UGCA 54 (14 December 2009) Conviction overturned for lack of evidence; appellate compensation order set aside for lack of basis and fair hearing. * Criminal law – malicious damage to property – circumstantial evidence – adequacy to implicate absent direct evidence. * Criminal procedure – second appeal – scope to re-evaluate concurrent findings of fact where lower courts misapprehend evidence. * Penal Code s.7 – claim of right raised late; relevance to proprietorial disputes. * Appellate jurisdiction – limits on awarding compensation where trial court made no such order and no evidence was led. * Procedural fairness – right to be heard before imposition of compensation.	14 December 2009
Senyondo Wilson V Uganda (Criminal Appeal No. 40/03) [2009] UGCA 53 (14 December 2009) Conviction for indecent assault quashed where victim did not testify and critical medical evidence was not produced. * Criminal law – Sexual offences – Defilement v. indecent assault – evidential requirements for conviction; * Evidence – Importance of medical reports and qualification of medical witnesses; * Proof – Necessity of victim testimony or corroboration where assault not witnessed; * Appeal – Conviction unsafe where prosecution fails to produce critical medical evidence.	14 December 2009
Ssenoga Sempala Jafari V Uganda (Criminal Appeal No. 34 of 2005) [2009] UGCA 52 (14 December 2009) An imperfect identification parade may still support conviction where circumstances and witness conduct establish reliable identification. * Criminal law – Identification evidence – caution required where identification is central; consider lighting, duration, distance, familiarity. * Criminal procedure – Identification parade – Sentale v. R. guidelines should be followed as practicable; minor departures do not necessarily invalidate parade. * Evidence – Conduct on arrest (flight) may be probative of guilt when evaluated with identification evidence. * Appellate review – First appellate court reviews evidence afresh and may uphold trial findings if identification is reliable.	14 December 2009
Tumusiime & Ors V Uganda (Criminal Appeal No. 13/03) [2009] UGCA 50 (14 December 2009) Dying declaration corroborated and repudiated confessions sufficiently corroborated; all appellants’ convictions and sentences upheld. Criminal law – dying declaration admissibility and need for corroboration; repudiated confessions – danger but permissible if materially corroborated; discovered facts and admissibility under s29 Evidence Act; aiding and abetting/common intention where accused supplies weapon.	14 December 2009
His Worship Aggrey Bwire v Attorney General & Anor (Civil Appeal No. O9 of 2009) [2009] UGCA 57 (13 December 2009) Regulation allowing a three‑member disciplinary committee is valid; interdiction and subsequent discipline were lawful; appeal dismissed. Judicial Service Commission – delegation of disciplinary functions; Regulation 14(1) S.I. 88/2005 intra vires s.27 of Judicial Service Act; Disciplinary Committee quorum of three valid; interdiction as interim disciplinary measure; judicial immunity not absolute where alleged misconduct exists; late supplementary affidavit rightly struck out.	13 December 2009