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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
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August 2010
Edward Musisi v Housing Finance Co.(u) Ltd,Speedway Auctioneers (Civil Appeal No. 25 of 2004) [2010] UGCA 35 (26 August 2010)
Foreclosure sale set aside for unlawful procedure and impermissible clog on the mortgagor's equity of redemption.
Mortgage law – foreclosure sale – validity of sale where statutory notices not properly served and auctioneer did not advertise; receipt by mortgagee of payments before sale operates to discharge mortgagor; equity of redemption – clog or fetter invalid; purchaser with notice not bona fide.
 26 August 2010
John Ntanda Masanyalaze v Rita Nanono & 4 Ors (Civil Appeal No. 86 of 2008) [2010] UGCA 34 (25 August 2010)
A will lacking signatures of two competent attestators and plagued by material inconsistencies is invalid and the estate is intestate.
Succession law – validity of wills – attestation requirements under sections 36 and 50 – necessity of two or more competent attestators. Evidence – credibility of attestators – witness who did not see testator sign nor know contents unreliable. Multiple wills and inconsistencies – material discrepancies may nullify testamentary document and lead to intestacy.
 25 August 2010
Omondi v Odero and Others (Civil Appeal No. 55 of 2008) [2010] UGCA 65 (12 August 2010)
Refusal to readmit appeal was unjustified where counsel withdrawal and new counsel's omission established sufficient cause.
Civil procedure – Re-admission / extension of time – sufficient cause to file submissions late; effect of counsel withdrawal; substantive justice under Article 126(2)(e). Appellate review – interference with discretionary refusal to re-admit where fairness requires merits hearing. Land law – importance of allowing full investigation of ancestral ownership claims.
 12 August 2010
British American Tobacco (U) Ltd v Sedrach Mwijakubi & 4 Ors (Civil Appeal No. 50 of 2008.) [2010] UGCA 1 (1 August 2010)
Representative tobacco farmers entitled to damages for unpurchased crop; 26% interest reduced to 15% per annum.
Contract law – agricultural sponsorship agreements – obligation of sponsor to purchase crop and to grade and maintain records; evidential consequences of sponsor’s failure to grade or produce records. Civil procedure – representative actions – sufficiency of lists and secondary evidence to establish common interest and locus standi. Evidence – admissibility and weight of secondary evidence (compiled lists, witness testimony) and burden of proof where defendant holds primary records. Remedies – assessment of damages for unpurchased crop, offsets for loans, and statutory interest under Tobacco (Control and Marketing) Regulations; substituting interest where pleaded rate is unsupported.
 1 August 2010