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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 by the intending appellant to take essential steps (including lodging the Record of Appeal) led to striking out the election appeal.
Election law – appeal prosecution – Rule 29,30,31 Parliamentary Elections (Election Petitions) Rules; computation of time – exclusion of judgment day (Interpretation Act/Rule 4 Judicature Rules); duty of intending appellant to take essential steps; failure to obtain/ lodge Record of Appeal; strike out under Rule 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, timely steps in an election appeal justified striking out the appeal and costs.
* Election law – appeal procedure – computation of time; written notice of appeal excludes day of judgment. * Court of Appeal Rules/Parliamentary Elections Rules – essential steps: filing/serving notice, filing memorandum, lodging record of appeal. * Procedural law – duty of intending appellant to diligently prosecute appeal; failure to request certified record or seek extensions justifies strike-out under Rule 82. * Election appeals – requirement for expedition and refusal to excuse unexplained delay that undermines timely disposal.
 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 case or irreparable harm to enjoin a near-complete public inquiry.
Constitutional law – interim relief; temporary injunction – requirements of prima facie case, irreparable harm and balance of convenience; allegations of bias in public inquiries; delay/laches and public interest where inquiry is near completion.
 30 April 2012
Nyendwoha Bigirwa Norah Vs The Returning Officer & Anor (Civil Application No. 23 of 2011) [2012] UGCA 9 (30 April 2012)
Failure to serve the letter requesting High Court proceedings is a fatal defect warranting striking out Notice of Appeal.
* Election law – procedural compliance – service of written application requesting High Court proceedings – Rule 83(3) Judicature (Court of Appeal Rules) – failure to serve is an essential, fatal omission. * Election petitions – time is of the essence – strict construction of rules. * Remedy – striking out of Notice of Appeal and costs to successful applicant.
 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 fees treated as irregularity; uncorroborated partisan evidence failed to prove electoral bribery.
Election law – timeliness and court fees – presentation versus filing; electoral bribery – ingredients: gift to a registered voter, giver’s intent to influence voting; corroboration required for partisan witnesses; right to fair hearing – parties must be heard on jurisdictional/filing irregularities.
 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)
Election results were nullified due to bribery at Ruharo Church, requiring fresh elections in the constituency.
Electoral law – election petition – voter transfer impact on election results – bribery and illegal practices.
 17 April 2012
Mugema Peter Vs Mudiobole Abedi Nasser (Election Petition Appeal No. 30/2011) [2012] UGCA 7 (13 April 2012)

 

 13 April 2012