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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
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10 judgments
Citation
Judgment date
February 2010
Kabiguruka v Byarufu (Civil Appeal No. 18 of 2008) [2010] UGCA 7 (23 February 2010)
Civil Procedure|Appeals and reviews
 23 February 2010
Bahati v Garuga (CIVIL APPEAL NO. 1108) [2010] UGCA 61 (15 February 2010)
A buyer may reject and recover payment for goods that do not conform to contract specifications, even after partial payment.
Contract law – Sale of goods – passing of property – repudiation and rejection of goods for non-conformity with specifications – doctrine of caveat emptor – damages and interest – preconditions for transfer of ownership under Ugandan Sale of Goods Act.
 15 February 2010
Tumuhaire Jonah v Uganda (Cr.Appeal No. 26 of 2008) [2010] UGCA 6 (14 February 2010)
Evidence Law
 14 February 2010
Musoga Gerald v Uganda (Criminal Appeal No. 177 of 2003) [2010] UGCA 4 (11 February 2010)
Criminal law|Evidence Law
 11 February 2010
Nuuhu Kalyesubula & 2 others v Uganda (Cr.Appeal No. 70 of 2008) [2010] UGCA 5 (8 February 2010)
Criminal law
 8 February 2010
Biryomumaisho Milton & Anor v Uganda (Criminal Appeal No. 127 of 2008) [2010] UGCA 3 (3 February 2010)
Criminal law|Evidence Law
 3 February 2010
Tayebwa v Bogere and Another (Civil Appeal No. 3 of 2009) [2010] UGCA 55 (3 February 2010)
Interlocutory injunction to preserve status quo was correctly granted; appeal and dismissal-for-delay challenge fail.
Civil procedure – interlocutory injunctions – preservation of status quo – grant justified where construction risks wasting, damaging or alienating disputed land. Civil procedure – temporary relief vs final determination – interlocutory orders do not decide ownership. Civil procedure – dismissal for want of prosecution – applicant must show failure to pursue and cannot rely solely on court backlog
 3 February 2010
Anthony Sempijja v Uganda (Misc. Application No. 149 of 2009) [2010] UGCA 2 (2 February 2010)
Criminal law
 2 February 2010
Muwonge v Uganda (Criminal Appeal No. 338/2003) [2010] UGCA 2 (1 February 2010)
A constitutional challenge is public interest litigation; courts may not award costs not prayed for, but successful public interest litigants deserve reimbursed costs if claimed.
Constitutional law – costs – Whether courts may award costs not prayed for – judicial discretion limited to claims made by parties. Public interest litigation – Constitutional challenges by individuals may qualify as public interest matters; effect of judgment and subject matter determinative
Civil Procedure – Section 27 CPA not appropriate as a blanket rule for constitutional litigation; successful public interest litigants may be reimbursed for direct costs when claimed. Procedural fairness – Courts must give accurate post-judgment clarifications regarding costs to avoid further litigation
 1 February 2010
Uganda Wildlife Authority v Hon.Francis Mukama (Civil Appeal No. 78 of 2004) [2010] UGCA 9 (1 February 2010)
Wrongful dismissal of a fixed-term employee entitles full contractual and compensatory remedies; MP status does not mitigate loss.
Employment law – wrongful dismissal; fixed-term contract – entitlement to unexpired term pay; mitigation of loss – whether parliamentary service amounts to employment; contractual benefits – gratuity and leave pay; general damages for wrongful dismissal; interest on damages – 20% p.a. from date of appeal filing.
 1 February 2010