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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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10 judgments
Citation
Judgment date
June 2009
Departed Asians Property Custodian Board v Masambu (CIVIL APPEAL NO. 04 OF 2004) [2009] UGCA 65 (26 June 2009)
A litigant's counsel's negligence does not constitute statutory "disability" to evade mandatory limitation periods.
* Limitation law – meaning of "disability" – statutory definition limited to infancy and unsoundness of mind; previous broader judicial interpretations overruled by amendment. * Civil procedure – limitation periods – negligence or mishandling by a litigant's advocate does not amount to a disability to toll limitation. * Constitutional law – courts cannot invoke general principles against technicalities to override or extend mandatory statutory limitation periods.
 26 June 2009
Tumusiime Isaac v Uganda (Criminal Appeal No. 213 of 2002) [2009] UGCA 23 (10 June 2009)
Criminal law|Evidence Law
 10 June 2009
Dr. Kasirivu and Others v Bororoza and Others (Civil Application No. 85 of 2008) [2009] UGCA 93 (5 June 2009)
Notice of appeal struck out where mandatory personal service and affidavit of service within seven days were not proven.
Civil procedure — Service of notice of appeal — Rule 28(1) mandatory personal service within seven days — Affidavit of service required — Non‑compliance renders notice defective — Rule 82 strike‑out remedy and inherent powers — Article 126(2)(e) not a substitute for procedural compliance.
 5 June 2009
Kasirye Byaruhanga & Co. Advocates v Mugerwa Pius Mugalaasi (Civil Appeal No. 87 of 2008) [2009] UGCA 22 (4 June 2009)
Civil Procedure|Appeals and reviews
 4 June 2009
KASIRYE, BYARUHANGA & CO. ADVOCATES v MUGERWA PIUS MUGALAASI (Civil Appeal No. 87 of 2008) [2009] UGCA 73 (4 June 2009)
An interlocutory injunction obtained after procedurally irregular proceedings denying fair hearing is invalid and must be set aside.
Civil procedure – interlocutory injunction – irregular hearing – denial of audi and failure to follow mandated pre-trial procedure – setting aside orders and remittal for retrial; interim injunction by Registrar to remain in force pending retrial.
 4 June 2009
KASIRYE, BYARUHANGA & CO. ADVOCATES v MUGERWA PIUS MUGALAASI (Civil Appeal No. 87 of 2008) [2009] UGCA 74 (4 June 2009)
A procedurally irregular interlocutory hearing denying the appellant a fair trial requires setting aside orders and retrial.
Civil procedure – interlocutory injunction – procedural fairness – denial of right to be heard – irregular hearing – setting aside interlocutory orders and remitting application for retrial; effect of registrar’s interim injunction.
 4 June 2009
KASIRYE, BYARUHANGA & CO. ADVOCATES v MUGERWA PIUS MUGALAASI (Civil Appeal No. 87 of 2008) [2009] UGCA 75 (4 June 2009)
High Court's irregular interlocutory hearing denied fair hearing; orders set aside and application remitted for retrial.
Procedural fairness; right to be heard (constitutional articles cited); irregular High Court interlocutory hearing; validity of interlocutory orders; remittal for retrial; interim injunction by Deputy Registrar preserved against third parties.
 4 June 2009
KASIRYE, BYARUHANGA & CO. ADVOCATES v MUGERWA PIUS MUGALAASI (Civil Appeal No. 87 of 2008) [2009] UGCA 76 (4 June 2009)
4 June 2009
KASIRYE, BYARUHANGA & CO. ADVOCATES v MUGERWA PIUS MUGALAASI (Civil Appeal No. 87 of 2008) [2009] UGCA 77 (4 June 2009)
4 June 2009
Kiboga District Land Board v Kabugo (Civil Appeal No. 51 of 2005) [2009] UGCA 84 (4 June 2009)
The court set aside an order for specific performance, finding no valid contract arose due to failure to meet acceptance conditions.
Contract law – Formation of contract – Written acceptance and full payment as preconditions – Specific performance – Absence of enforceable contract – Land lease offers – Requirements under Ugandan law.
 4 June 2009