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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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4 judgments
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Judgment date
August 2012
Obiga v Electoral Commission & Anor (Election Petition Appeal No. 4 of 2011) [2012] UGCA 29 (24 August 2012)
Repeated adjournments by the applicant warranted dismissal for want of prosecution; no bias or unfair hearing established.
Election petitions – dismissal for want of prosecution – judicial discretion – need for expedition in election disputes – adjournments – amendment of pleadings – production of documents and cross‑examination – fair hearing under Article 28 – allegation of judicial bias and tests for bias.
 24 August 2012
Mutamboh Vs Mayusi (Election Petition Appeal No. 45 of 2011) [2012] UGCA 49 (13 August 2012)
Uncertified declaration forms inadmissible without request; inadequate proof of intimidation; appellant declared validly elected.
Election law – admissibility of Declaration of Results forms; uncertified DR forms require prior request to Electoral Commission or court order to be admissible; substantial effect test for irregularities (Besigye/Kakooza); requirement for corroboration of voter intimidation evidence.
 13 August 2012
Muriisa v Ruyondo & Anor. (Election Petition Application No. 266 of 2011) [2012] UGCA 25 (6 August 2012)
Whether alleged procedural defects justified striking out a notice of appeal in an election appeal.
Election appeal procedure – timeliness of notice of appeal – service of record of appeal within prescribed period – application for record of proceedings not mandatory – Registrar's certification and certified copies sufficing – striking out notice of appeal.
 6 August 2012
Electoral Commission & 3 Ors Vs Chelimo (Petition Appeal No. 33 of 2011) [2012] UGCA 50 (1 August 2012)
Appellant-candidate’s election nullified because his equivalency certificate relied on unauthentic underlying documents; fresh elections ordered.
Election law – Qualification for District Chairperson – A‑Level or equivalent required; Burden of proof lies on candidate under Article 80; NCHE equivalence may be challenged if underlying documents are fraudulent; High Court may inquire into authenticity of supporting certificates; Heightened standard of proof in election petitions.
 1 August 2012