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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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8 judgments
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April 2012
Kasibante Moses v Electoral Commission (Election Petition Application No. 07 of 2012) [2012] UGCA 10 (30 April 2012)
Failure to prosecute an election appeal (service, memorandum, record) and no extension sought warranted striking out the appeal.
Election petition appeals — computation of time — day of judgment excluded under Interpretation Act s.34(1)(a) — Rules 29, 30, 31 Parliamentary Elections (Election Petitions) Rules — service of notice and filing of memorandum — duty of intending appellant to prosecute appeal diligently — failure to lodge record of appeal — strike out under Court of Appeal Rules r.82
 30 April 2012
Kasibante Moses v Electoral Commission (Election Petition Application No. 07 of 2012) [2012] UGCA 52 (30 April 2012)
An intending appellant’s failure to take essential steps in an election appeal justifies striking out and costs.
Election petition appeals — essential steps — Notice of Appeal, Memorandum of Appeal, Record of Appeal — computation of time (exclude day of judgment) — duty on intending appellant to prosecute expeditiously — striking out for failure to take essential steps — costs
 30 April 2012
Muwonge Lubega v Attorney General (Const. Applic. No. 07 of 2012) [2012] UGCA 14 (30 April 2012)
Applicant failed to show prima facie bias, irreparable harm, or balance of convenience to justify halting an almost-complete Commission.
Constitutional law – Interim relief – Application for temporary injunction to restrain a Commission of Inquiry – Requirements for injunction: prima facie case, irreparable harm, balance of convenience – Allegations of bias against commission members – Delay in seeking relief – Public interest and completion of inquiry work
 30 April 2012
Nyendwoha Bigirwa Norah v The Returning Officer & Another (Civil Application No. 23 of 2011) [2012] UGCA 9 (30 April 2012)
Failure to serve the letter requesting High Court proceedings was a fatal procedural omission warranting striking out the notice of appeal.
Civil procedure – Appeals – Rule 83(3) service requirement for written application for High Court proceedings – failure to serve is an essential, fatal omission; election petitions require strict, expeditious compliance with procedural rules
 30 April 2012
Kamba Saleh Moses Vs Namuyangu Jennifer (Election Petition Appeal No. 0027 of 2011) [2012] UGCA 8 (20 April 2012)
Late payment of court fees treated as an irregularity; bribery not proved absent proof recipients were registered voters and corroboration.
Election law — filing and court fees — right to fair hearing; Court of Appeal powers to cure irregularities; Electoral bribery — elements: gift to a registered voter by candidate/agent with intent to influence voting; necessity for corroboration of partisan witnesses
 20 April 2012
Khauka Sebbowa v Electoral Commission and Another (Election Appeal No. 23 of 2011) [2012] UGCA 58 (17 April 2012)
No appeal to the Court of Appeal lies from a High Court decision on electoral complaints where statute and Constitution make it final.
Election law — Appeals — Finality of High Court decisions under Article 64(4) Constitution and section 15(4) Electoral Commission Act; Competency of appeal to Court of Appeal; Integrity of court record — alleged forged leave-to-appeal entry; Registrar and advocate professional conduct referral to Law Council.
 17 April 2012
Odo Tayebwa v Nasser Basajjabala & Electoral Commission (Election Petition Appeal No. 013 of 2011) [2012] UGCA 11 (17 April 2012)
The respondent's election was nullified for bribery by his agent through proximate charitable donations.
Election law — standard of proof in election petitions; non-compliance with electoral laws — substantial effect test; bribery as illegal practice under s.68 PEA; agency and candidate liability; nullification and fresh poll ordered
 17 April 2012
Mugema Peter v Mudiobole Abedi Nasser (Election Petition Appeal No. 30 of 2011) [2012] UGCA 7 (13 April 2012)
Whether attendance and donation at a religious fundraising during campaigns constitutes an illegal electoral practice or protected religious activity.
Election law – Illegal practice: fundraising and donations during campaign – Parliamentary Elections Act s.68(7)-(9); admissibility of affidavits and viva voce evidence after affidavit struck; interpretation of electoral fundraising provisions vis-à-vis freedom of religion (Art.29(1)(c)); burden and standard of proof in election petitions
 13 April 2012