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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

4 judgments

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4 judgments


October 2010
Teddy Sseezi Cheeye v Uganda (Cacr.A No. 105 of 2009) [2010] UGCA 41 (20 October 2010) Appellant convicted of embezzlement and forgery based on accomplice testimony and failure to explain missing public funds. Criminal law — Embezzlement and Forgery — Proof of conversion and procurement by directing another to prepare false accounting documents — Admission of documents identified by their maker Evidence — Accomplice evidence and corroboration — Competence of accomplice witness and sufficiency of circumstantial corroboration — Right to silence and burden of explanation — Section 105 Evidence Act imposes burden to explain facts especially within accused’s knowledge	20 October 2010
National Forest Authority v Beachside Development Services Ltd (Civil Appeal No. 80 of 2009) [2010] UGCA 40 (12 October 2010) Consent judgment supersedes pleadings; damages assessed on unchallenged evidence and appellate court substituted a 20% commercial interest rate. Contract law — Consent judgment — Effect of consent agreement on pleadings and assessment of damages Civil procedure — Costs — Scope of costs waiver in consent judgments and costs of subsequent proceedings to assess damages Remedies — Interest — Appropriate rate for commercial disputes — Substitution of court rate with commercial rate (20%)	12 October 2010
Kyaligonza and Another v Kanja and Others (CIVIL APPEAL NO. 76/2004) [2010] UGCA 57 (11 October 2010) A certificate of repossession under the Expropriated Properties Act entitles former leaseholders to possession; reversionary interest is subordinate. Expropriated Properties Act — effect on existing leaseholds — section 1(2)(b) — certificate of repossession confirms entitlement to repossess; Mailo/reversionary interest — subordinate to leasehold continued by Expropriated Properties Act; Registration of Titles Act — does not defeat repossession under Expropriated Properties Act; physical repossession completes the repossession process.	11 October 2010
Mayi Bint Salim & 10 oers v Hajji Sulaiman Mayanja (Civil Appeal No. 37 of 2008) [2010] UGCA 39 (4 October 2010) Long cohabitation and a simple Islamic ceremony can establish a valid marriage; registered land in deceased’s name passed to surviving spouse. Family law — Islamic marriage — Validity of simple Mohammedan ceremony and evidentiary proof — Marriage and Divorce of Mohammedans Act Succession/Property — Registered land and intestate succession — Burden on challengers to prove deceased did not own registered interest	4 October 2010