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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.
2 judgments
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2 judgments
Citation
Judgment date
September 2010
The applicants' challenge fails: the trial judge's credibility finding and documentary admissions supported the respondent's claim.
Contract — supply of agricultural produce; recovery of advance payments; credibility of witnesses — appellate deference to trial judge; admissibility and weight of documents admitted by consent; proof of special damages.
29 September 2010
An equitable mortgagee cannot register mortgaged land without foreclosure or required ministerial consent; unlawful transfer warrants compensation.
* Land law – equitable mortgage by deposit of title – mortgagee cannot transfer or register mortgaged land in own name without foreclosure. * Statutory requirement – Land Transfer Act – ministerial consent required for transfers to Non‑Africans; lack of consent renders transfer illegal. * Evidence – admissibility and probative value of photocopied sale agreements and bank documents; discrepancies negate corroboration. * Burden of proof – shifts to party asserting legality once illegality is raised in evidence. * Remedies – where mortgagor dispossessed and property registered to third party, compensation, mesne profits and general damages appropriate.
20 September 2010