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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.
9 judgments
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9 judgments
Citation
Judgment date
April 2010
Criminal law
23 April 2010
The applicant's appeal succeeded: the hired vehicle's destruction frustrated the contract, extinguishing the respondent's claim.
Contract law – hire of vehicle – destruction of subject matter – frustration of contract – discharge of mutual obligations; possession/custody – police impoundment vs constructive custody; notification of accident; mitigation and interest.
16 April 2010
Hire contract discharged by frustration after accident destroyed the vehicle; claimant failed to prove fault and is not entitled to damages.
Contract law – frustration – destruction of subject matter – hire agreement discharged when vehicle destroyed by accident; possession – police custody vs constructive custody; evidentiary burden – claimant must prove fault to recover damages; notification of loss – informal notification by driver accepted.
16 April 2010
Whether an owner may recover rent arrears when the property was vested in Government and managed by the statutory custodian.
• Property law – Expropriated properties – effect of Expropriated Properties/Assets of Departed Asians legislation on landlord/tenancy rights and entitlement to rent arrears. • Contract law – formation and enforceability of settlement letters; consideration and forbearance. • Contract vitiation – mistake of fact or law and its effect where parties knew payments had been made to a statutory custodian. • Remedies – entitlement to damages/interest where settlement accepted but not fully performed (dissent).
16 April 2010
Criminal law
15 April 2010
Criminal law|Evidence Law
13 April 2010
A statutory declaration and documentary trail can prove degazettement and render a registered title indefeasible absent proved fraud.
* Forest reserves – Degazettement – Statutory Instrument and supporting documentary evidence can establish excision of land from a reserve. * Land registration – Indefeasibility of registered title under the Registration of Titles Act – transferee's title not impeachable absent proved fraud attributable to transferee. * Evidence – burden and standard to prove degazettement and fraud; special damages must be specifically pleaded and strictly proved. * Damages – speculative awards reduced; requirements for defamation proof (identification and actual harm).
9 April 2010
A valid registered mortgage did exist, but the spouse’s equitable interest in the matrimonial home prevented enforcement and rendered eviction unlawful.
Land law – mortgage validity – formal compliance with Registration of Titles Act; surety may be treated as principal debtor/mortgagor as between surety and mortgagee; equitable interest of non-registered spouse in matrimonial home protects against enforcement of mortgage and unlawful eviction; statutes enacted after the mortgage (Land Act 1998, Mortgage Act 2009) not applicable to pre-existing instruments.
9 April 2010
Criminal law
6 April 2010