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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.
3 judgments
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3 judgments
Citation
Judgment date
October 2012
High Court erred by disregarding a Court of Appeal interim order, converting a taxation appeal into summary disciplinary action, and displaying bias.
Court of Appeal — interlocutory orders — registrars’ interim orders must be obeyed; Advocates Act — taxation/reference v. disciplinary proceedings — Disciplinary Committee’s exclusive procedure for professional misconduct; judicial impartiality — appearance of bias; remedy — setting aside judgment and remitting for rehearing.
19 October 2012
Leave to appeal requires prima facie or arguable grounds; absent such grounds, leave will be refused and application dismissed.
Civil procedure — Leave to appeal — No automatic right where statute does not provide — Applicant must show prima facie or arguable grounds — Abstract or disconnected points of law insufficient — Preliminary objections (cause of action, limitation, res judicata, illegality) — Application dismissed; case recommenced in High Court.
12 October 2012
Appellate court allowed appeal: bribery and EC non-compliance not proven; trial judge mis-evaluated uncorroborated partisan evidence.
Electoral law – election petitions – bribery: requirement to prove gift given by candidate/agent to registered voter with intent to influence vote – need for independent corroboration of partisan witnesses – distinction between bribery (illegal practice) and non-compliance by Electoral Commission – assessment of materiality of irregularities (qualitative vs quantitative).
5 October 2012