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

9 judgments

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9 judgments

Citation	Judgment date
June 2012
Kiryat Wanzala v Migereko and Another (Election Reference Appeal No.39 of 2012) [2012] UGCA 55 (28 June 2012) Failure to show sufficient, corroborated reason for delay in an election appeal warranted dismissal of the reference with costs. Election petitions — extension of time — sufficient cause — mistake of counsel/inadvertence — hearsay and lack of corroboration — strict time limits for election appeals — Rule 83 inapplicable to election petition appeals — judicial discretion and review.	28 June 2012
Kirya v Migereko & Anor (Election Reference Appeal No. 39 of 2012) [2012] UGCA 24 (28 June 2012) Failure to prove credible cause or counsel’s verified mistake defeats extension of time in time‑bound election appeals. Election petitions – strict time limits – vigilance required; extensions granted only for sufficient cause. Extension of time – applicant must produce credible, particularised evidence; affiants or counsel must verify claims of counsel’s inadvertence. Mistake of counsel – not automatically excusable; requires proof amounting to an error of judgment or unavoidable mistake. Judicial discretion – appellate interference only where misdirection, unreasonable exercise, or manifest injustice shown.	28 June 2012
Asiimwe Francis v Tumwongyeirwe Aflod (Miscellaneous Application No. 103 of 2011) [2012] UGCA 21 (14 June 2012) Leave to appeal under Order 44 must first be sought from the trial/revising court; failure renders the appellate application incompetent. Civil procedure – Leave to appeal – Order 44 CPR – Revision orders under section 83 CPA not appealable as of right – Leave must first be sought from the court entertaining the revision; appellate court may be approached only after trial court refuses; mandatory vs directory interpretation of procedural rules; delay and dilatory conduct disentitle applicant to relief.	14 June 2012
Asiimwe v Tumwongyeirwe (Miscellaneous Application No. 103 of 2011) [2012] UGCA 64 (14 June 2012) The court dismissed an appeal application due to non-compliance with procedural requirements for seeking prior leave from the trial court. Civil Procedure - application for leave to appeal - necessity of first seeking leave from trial court - procedural compliance required.	14 June 2012
Gagawala Wambuzi v Lubogo (Election Petition Application No. 0010 of 2011) [2012] UGCA 19 (14 June 2012) No appeal lies to the Court of Appeal from interlocutory High Court orders in election petitions under s.66(1) PEA; Notice of Appeal struck out. Parliamentary Elections Act s.66(1) — appealability — appeals permitted only against High Court determinations on election petitions, not interlocutory orders; election petition rules and statutory scheme require expeditious final resolution; Court of Appeal’s jurisdiction is statutory and limited.	14 June 2012
Namugerwa Hadijah v Director of Public Prosecutions and Attorney General (Civil Appeal No. 10 of 2012) [2012] UGCA 60 (14 June 2012)	14 June 2012
Electoral Commission v Sebuliba Mutumba & 2 Ors (Miscellaneous Application No. 30 of 2012) [2012] UGCA 20 (13 June 2012) The court refused the Electoral Commission’s joinder application, holding no necessity or prejudice shown to justify adding it as respondent. Civil procedure – Joinder of parties on appeal – Inherent powers of the court (Rule 2(2)) – Requirements to show presence necessary for effectual and complete adjudication or that orders sought will affect the person’s interests. Principles – a person should not be compelled to be sued where appellant has no cause of action against them; appeals decided on record of lower court. Election procedure – recount order challenged on appeal; joinder of electoral body not justified without specific prejudice or material evidence.	13 June 2012
Muhindo Rehema v Winfred Kiiza & Anor (Election Petition Appeal No. 29 of 2011) [2012] UGCA 18 (11 June 2012) Failure to serve notice within seven days is a technical irregularity absent prejudice; Electoral Commission’s breaches annulled the election. Electoral law – service of Notice of Presentation of petition – requirement directory, not jurisdictional, where no prejudice. Evidence – affidavits in election petitions – liberal approach to illiterate deponents; exclusion warranted for hearsay or matters beyond personal knowledge. Electoral Commission duty – proper counting, certification and accounting of ballots; failure may substantially affect results. Relief – where non‑compliance substantially affects result, election may be annulled and fresh election ordered. Costs – where Commission’s failures cause annulment, Commission liable for costs.	11 June 2012
Nalwanga v Musoke and Others (Civil Appeal No. 24 of 2009) [2012] UGCA 65 (8 June 2012) Court upheld revocation of fraudulent Letters of Administration, finding mismanagement and exclusion of rightful beneficiaries from the deceased's estate. Succession and administration of estates – Fraudulent procurement of Letters of Administration – Exclusion of beneficiaries – Mismanagement of estate – True and correct inventory – Appointment of administrators – Evaluation of oral evidence in the absence of scientific (DNA) evidence – Civil procedure – Costs – Allegation of judicial bias.	8 June 2012