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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.
5 judgments
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5 judgments
Citation
Judgment date
December 2012
An application for review must meet statutory grounds and cannot be based on ignorance of the law or procedural errors alone.
Civil procedure – review of judgment – grounds for review – error on the face of the record – discovery of new and important evidence – summary dismissal of application for review – right to a fair hearing.
19 December 2012
Reimbursement orders against a third party require proof of contractual indemnity and proper Order 1 Rule 18 directions; appeal allowed.
Carriage of goods by rail – loss in transit – evaluation of evidence on shared responsibility; Third‑party proceedings – Order 1 Rule 18 – requirement to apply for directions when seeking contribution/indemnity; Indemnity – liability to third party must be supported by express or implied contract evidence; Procedural irregularity and miscarriage of justice – scheduling memorandum does not cure absence of required third‑party directions or absence of indemnity evidence.
14 December 2012
Court used Rule 36 to correct a clerical omission and grant the appellant a certificate for two counsel.
Appellate procedure – correction of clerical or accidental omissions under Rule 36; power to amend judgment post-delivery; award of certificate for two counsel; absence of respondent objection.
13 December 2012
13 December 2012
Failure to sum up to assessors vitiated the trial; conviction quashed and applicant released in interest of justice.
Criminal procedure – Assessors: mandatory oath and summing-up – omission to swear assessors may be irregular but not always fatal; failure to sum up to assessors is fundamental and vitiates trial; retrial discretion where long delay may justify release.
6 December 2012