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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.

Physical address
Twed Towers along Kafu Road, Nakasero,Kampala.
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https://www.judiciary.go.ug/data/smenu/77//Court%20of%20Appeal.html
11 judgments
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11 judgments
Citation
Judgment date
March 2009
Maria Mpinga and Others v Sensalire and Others (Civil Appeal No. 10 of 2001 and No. 118 of 2003; Civil Appeal No. 118 of 2003) [2009] UGCA 78 (31 March 2009)
No enforceable lease on Plot 89; transferee held as bona fide purchaser; appeal dismissed, compensation for buildings affirmed.
Land law – lease interpretation and proof – whether an alleged 1957 lease covered Plot 89 or Plot 67; evidence and hearsay; Registration of Titles – protection of bona fide purchaser for value without notice; requirement to plead and prove particulars of fraud to impeach registered title; remedies – compensation for buildings where proprietary lease not established; customary tenancy/tenancy by occupancy claims and their limits in pre-existing proceedings.
 31 March 2009
Mwesigwa Semu & Anor v Uganda (Criminal Appeal No. 221 of 2003) [2009] UGCA 10 (31 March 2009)
Criminal law|Evidence Law|Witness Testimony
 31 March 2009
Uganda Revenue Authority v Rwakashaija Azarious & 2 Ors (Civil Appeal No. 5 of 2007) [2009] UGCA 24 (30 March 2009)
Civil Procedure|Appeals and reviews|Taxation law
 30 March 2009
Electoral Commission and Another v Bakireke (Election Petition Appeal Nos.1 And 2 of 2007) [2009] UGCA 12 (25 March 2009)
Elections
 25 March 2009
Wabulo and Another v Kintu (Civil Appeal No. 27 of 2007) [2009] UGCA 63 (23 March 2009)
Objector proceedings probe possession not title; appellants failed to prove lawful possession and appeal was dismissed with costs.
Civil procedure – objector proceedings (Order 19 r.55–57) – inquiry confined to possession, not title; execution of decree – delivery of possession of immovable property; lawful possession/security of occupancy required for objector protection; ordinary suit required to determine proprietary rights; abuse of process where counsel represents prior adverse claimant.
 23 March 2009
Musiitwa Lubega v Uganda (Criminal Appeal No. 73 of 2003) [2009] UGCA 5 (22 March 2009)
Single-witness identification, recovery of a working pistol near the abandoned vehicle, and credible evidence upheld robbery conviction and death sentence.
Criminal law – robbery with a deadly weapon; theft elements where property abandoned; single-witness identification; circumstantial evidence and recovery of weapon; assessment of defence and alibi.
 22 March 2009
Senyondo Umar v Uganda (Criminal Appeal 267 of 2002) [2009] UGCA 4 (22 March 2009)
An unsworn child witness’s identification cannot alone sustain conviction; statutory corroboration is required.
Criminal law – Defilement – Identification – Unsworn evidence of child of tender years – s.40(3) Trial on Indictments Act requires independent corroboration – R v Campbell; Patrick Akol – Parents’ repetition of child’s account not independent corroboration – Disproved alibi does not constitute corroboration of identity.
 22 March 2009
Tigo Stephen v Uganda (Criminal Appeal No. 170 of 2003) [2009] UGCA 6 (22 March 2009)
Conviction for defilement upheld where child’s testimony and medical injuries established penetration despite intact hymen.
Criminal law – Defilement – Penetration may be inferred from medical injuries and child’s testimony despite intact hymen; credibility of child witness and cohabiting grandparent relevant to identity; alibi rejected as afterthought; life sentence upheld.
 22 March 2009
Etudebo James & 3 Ors v Uganda (Criminal Appeal No. 93 of 2002) [2009] UGCA 3 (19 March 2009)
Court upheld convictions and death sentence, finding single-witness identification corroborated and properly evaluated.
Criminal law – Identification – single visual identifying witness at night – factors: prior acquaintance, lighting, duration, corroboration. Evidence – corroboration by admissions, conduct and contextual threats. Criminal appeal – evaluation of contradictions and burden of proof on alibi. Sentencing – appellate sentencing powers under section 11, Judicature Act.
 19 March 2009
Obwana Samson & 2 Ors v Uganda (Criminal Appeal No. 56 of 2003) [2009] UGCA 7 (17 March 2009)
Criminal law|Evidence Law
 17 March 2009
Oyee George v Uganda (Criminal Appeal No. 159 of 2003) [2009] UGCA 8 (2 March 2009)
Criminal law|Evidence Law|Evaluation of Evidence
 2 March 2009