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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.
6 judgments
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6 judgments
Citation
Judgment date
March 2012
Appeal allowed: disqualification for alleged forged qualifications overturned; breach of fair hearing was fatal.
Election petition – qualification for nomination – Makerere Mature Age Entry Examinations and NCHE equivalence – burden of proof for alleged forgery; Evidence Act S.72 – handwriting comparison requires caution and expert evidence; right to a fair hearing – cross-examination of court-called witness; consolidation of petitions and technical defects cured by Article 126(2)(e).
30 March 2012

 

30 March 2012

 

30 March 2012

 

20 March 2012
Where employment is terminable on notice, compensation is limited to notice pay; aggravated damages awarded for oppressive dismissal.
* Employment law – wrongful dismissal – distinction between fixed‑term non‑terminable contracts and contracts terminable on notice – measure of damages. * Damages – compensatory vs aggravated vs punitive/exemplary – limits on punitive damages for breaches of contract. * Procedure – requirement to plead and prove interest and monetary heads of loss; appropriate use of judicial review versus ordinary suit.
19 March 2012
Appellate court found proven irregularities did not substantially affect result and reinstated the originally declared winner.
Election law – admissibility and weight of Declaration of Results forms; Returning Officer duties under section 53; disenfranchisement and cancelled results; burden of proof on allegations of dead or multiple voters; doctrine of substantial effect/impact on result (quantitative and qualitative tests); interaction of Evidence Act provisions on notice to produce (s.64) with election materials custody (s.52 Parliamentary Elections Act).
4 March 2012