Skip to document content Skip to main menu Skip to search
background image
profile image

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.
Visit website
https://www.judiciary.go.ug/data/smenu/77//Court%20of%20Appeal.html
6 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
September 2009
Chance David V Uganda (Criminal Appeal No. 287 of 2002) [2009] UGCA 40 (11 September 2009)
Appellate court upheld conviction and 12‑year sentence, finding minor inconsistencies immaterial and the defence of a grudge unproven.
* Criminal law – defilement – corroboration by medical evidence – ruptured hymen and bruising as supporting evidence. * Appeal – reappraisal of evidence – minor inconsistencies of a very young complainant immaterial to safety of conviction. * Criminal law – accused’s allegation of motive/grudge – requirement for corroboration from defence witnesses. * Sentencing – aggravated defilement of a child – appropriateness of custodial sentence (maximum penalty severe).
 11 September 2009
Kavuma Freddies Schoof V Uganda (Criminal Application No. 101 of 2009) [2009] UGCA 39 (11 September 2009)
Convict granted bail pending appeal after court found multiple Arvind Patel factors in his favour, subject to strict conditions.
Criminal procedure – Bail pending appeal – Application assessed under Arvind Patel factors (character, first offender, non-violent offence, arguable appeal, delay, prior bail compliance) – Convict granted bail subject to strict conditions to mitigate flight risk.
 11 September 2009
Seyani Brothers & Company Limited v Simbamanyo Estates Limited (Civil Application No. 6 of 2009) [2009] UGCA 60 (10 September 2009)
Section 66 permits appeals from High Court orders made under other statutes, so the appeal against setting aside an arbitral award was competent.
* Civil procedure – Appeals – Right of appeal under section 66 of the Civil Procedure Act – Appeals from High Court orders made under statutes other than the Civil Procedure Act (e.g., Arbitration and Conciliation Act). * Arbitration – Setting aside arbitral awards – Competence of appeal to Court of Appeal from High Court decision. * Interpretation – Sections 76/77 (limited) versus section 66 (general) of the Civil Procedure Act. * Procedure – Application to strike out appeal for want of jurisdiction.
 10 September 2009
Bank of Baroda (U) Ltd V Ataco Freight Services Ltd (Civil Appeal No. 45 of 2007) [2009] UGCA 42 (9 September 2009)
A recorded withdrawal does not bar rejoining a defendant unless the compromise adjudicates the suit and a decree is passed.
Civil procedure – Compromise recorded in court – Order 25/26 Rule 6 – Requirements: lawful agreement relating to matters in controversy and decree passed and recorded – Withdrawal vs. compromise – Res judicata and abuse of process – Reinstatement of defendant by amended plaint.
 9 September 2009
Stanbic Bank (U) Ltd v Kiyemba Mutale (Civil Appeal No. 47 of 2007) [2009] UGCA 72 (9 September 2009)
Wrongful summary dismissal entitled the respondent to contractual terminal benefits; voluntary-retirement circulars were not an automatic entitlement.
Employment law – wrongful/summary dismissal – breach of contract for termination without cause or hearing – entitlement to contractual terminal benefits; evidence of staff circulars and benefit reports admissible as guide to quantum; voluntary-retirement circulars do not create entitlement where employee did not apply; no entitlement to post-termination salary.
 9 September 2009
Katongole v Babirye and Others (Civil Appeal No. 32 of 2008) [2009] UGCA 80 (8 September 2009)
A court clarified land succession and bona fide occupancy rights where family members improperly acquired title without executor authority.
Land law – succession and inheritance – dispute over title and occupation rights – status of lawful and bona fide occupants under customary and statutory law – effect of improper transfer of land from estate without executor's authority – cancellation of titles improperly obtained – maintenance of rights of existing occupants under Land Act.
 8 September 2009