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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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July 2009
Kyomuhendo David & Anor v Uganda (Criminal Appeal No. 3 of 2003) [2009] UGCA 26 (28 July 2009)
Aggravated robbery requires proof of a deadly weapon; absent such proof, conviction reduced to simple robbery.
Criminal law – Robbery with aggravation – requirement to prove use or threat of a deadly weapon – necessity of medical evidence and production/recovery of weapon; Identification – recognition by torchlight and prior acquaintance; Conviction substitution – where aggravating element not proved, conviction may be reduced to simple robbery and sentence altered accordingly.
 28 July 2009
Teddy Sseezi Cheeye v Uganda (Misc. Appl. No. 37 of 2009) [2009] UGCA 25 (24 July 2009)
Court granted bail pending appeal applying Arvind Patel factors, finding the appeal had reasonable prospects and several supporting factors.
Criminal procedure – Bail pending appeal – Jurisdiction and discretion under s.132(4) Trial on Indictments Act and s.40 Criminal Procedure Code – Application of Arvind Patel guidelines (character, first offender status, non-violent offences, prospects of success, delay, prior bail compliance). Evidence – Issues raised on vicarious liability in criminal law and reliance on accomplice evidence and corroboration. Exercise of judicial discretion – balancing factors and imposing conditions for release pending appeal.
 24 July 2009
Kasamba v Rutalihemwe (Civil Appeal No. 05 of 2008) [2009] UGCA 67 (14 July 2009)
Appellate re-evaluation upheld: payment and conduct showed the respondent was shown the plot; appeal dismissed with costs.
Civil procedure — appeal competency: record need not include decree under current Court of Appeal Rules; no statutory leave required for second appeal. Evidence — appellate re-evaluation of credibility; unchallenged testimony and payment of balance can establish vendor showed purchaser the plot even absent formal survey.
 14 July 2009