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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

7 judgments

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7 judgments


July 2010
G4S Security Services (U) Ltd v 201 Former Employees of G4S Security Services (U) Ltd (Civil Appeal No. 68 of 2009) [2010] UGCA 28 (29 July 2010) Court allowed employer's appeal, holding High Court wrongly ordered execution without resolving pending appeal and stay applications. Labour law — Enforcement of labour officer awards — Execution pending appeal and stay applications — Duty to inquire into validity of award and pending filings — Employment Act s13(1), s94(2); Judicature Act s33	29 July 2010
Cresensio Mukasa v Yakobo M.N Senkungu (Civil Appeal No. 35 of 2006) [2010] UGCA 22 (26 July 2010) Court found fraud in transfers and held subsequent purchasers had notice, enabling impeachment of the registered title. Land law — Registration of Titles — Fraud in chain of transfers — Impeachment of certificate of title under ss.77 and 176 of the Registration of Titles Act — Purchasers — Bona fide purchaser for value without notice — Notice of prior possession/offers to purchase taints title Evidence — Burden and adverse inference — Failure of registered proprietor to testify supports inference of fraud	26 July 2010
Cresensio Mukasa v Yakobo Senkungu and Others (Civil Appeal No. 35 of 2006) [2010] UGCA 60 (26 July 2010) Court finds fraud in land title registration, supports appellant’s inheritance claim. Civil Procedure — land dispute — fraud in the transfer and registration of land titles — inheritance rights.	26 July 2010
Bukenya Joseph v Uganda (Cr. Appeal No. 222 of 2003) [2010] UGCA 32 (23 July 2010) Appeal dismissed: conviction and life sentence for defilement upheld due to sufficient corroboration and no voir dire required for a 14‑year witness. Criminal law — Sexual offences (Defilement) — Corroboration of unsworn child evidence Criminal procedure — Evidence — Child of tender years and voir dire — Age at trial determines requirement under s.40(3) TIA Sentencing — Life imprisonment — Whether manifestly excessive — Aggravating factor: extreme age disparity between accused and victim	23 July 2010
N.Asha & Co.Ltd v Mulowoza & Brother Ltd,Commissioner for Land Registration (Civil Appeal No. 57 of 2009) [2010] UGCA 21 (16 July 2010) Amendment to join the Attorney General was allowed as elaboration of fraud particulars and limitation had not been triggered. Civil procedure — Amendment of pleadings — Joinder/substitution of Attorney General — Whether amendment introduces new cause of action or prejudices respondents Administrative law — Expropriated Properties Act — Appeal against ministerial decision — Communication/service and commencement of limitation period Civil procedure — Amendments to prevent multiplicity of suits — Court’s wide discretion to allow amendments for just disposal	16 July 2010
Shah & Co. Ltd v Mulowoza & Brothers Ltd and Another (Civil Appeal No. 57 of 2009) [2010] UGCA 63 (16 July 2010) Leave to amend the plaint and join the Attorney General was wrongly refused where amendments did not introduce a new cause of action. Civil procedure — amendment of pleadings — joinder of parties — whether proposed amendments introduce a new cause of action — proper exercise of judicial discretion — necessity of joining the Attorney General when government officials are implicated.	16 July 2010
Celtel Uganda Limited v Uganda Revenue Authority (Civil Appeal No. 22 of 2006) [2010] UGCA 20 (14 July 2010)	14 July 2010