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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.
4 judgments
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4 judgments
Citation
Judgment date
October 2013
Whether an interim stay is justified where execution was attempted but not completed pending determination of a stay application.
Civil procedure – Interim stay of execution pending appeal; attempted but incomplete execution; consolidation of related stay applications; test for interim relief (proper application, pending substantive stay, imminent threat, proof); deposit of certificate of title as interim security.
28 October 2013
Appellate court found bank and purchaser's sale and transfer fraudulent, invalidated transfer and awarded restitution, damages and costs.
Mortgages and sale of mortgaged land – reappraisal of evidence on first appeal – invalidity for non‑compliance with RTA execution formalities (ss.147–148) – sale by private treaty disguised as auction – fraud and collusion between mortgagee and purchaser – movable assets charged under debenture – remedies include cancellation of transfer, restitution or monetary compensation, damages and interest.
24 October 2013
Leave to appeal granted where High Court’s ownership and fraud findings in objector proceedings raised prima facie appellate grounds.
* Civil procedure – Leave to appeal – Application under Rule 40(2)(b) – Court to determine existence of prima facie grounds, not rehear merits. * Execution/objector proceedings – Release of property from attachment – High Court findings on fraud and ownership may raise appellate issues. * Test for leave – Sango Bay Estates: leave normally granted where prima facie grounds merit serious consideration.
21 October 2013
Court granted leave to appeal, finding prima facie issues of law and fact meriting serious judicial consideration.
Civil procedure – Leave to appeal – Rules 40(2) and 42(1) – Requirement to apply first in High Court – Sango Bay Estates test for leave: prima facie grounds meriting serious judicial consideration – When High Court refuses leave applicant may apply to Court of Appeal within prescribed time.
18 October 2013