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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.
9 judgments
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9 judgments
Citation
Judgment date
December 2013
Single-witness identification upheld but malice aforethought not proved; murder conviction reduced to manslaughter and sentence reduced.
Criminal law – Identification – single identification witness credibility; Homicide – malice aforethought – inference from weapon, injuries and surrounding circumstances; Evidence – failure to produce alleged weapon and limits of medical report; Sentencing – substitution of conviction and reduction of sentence.
20 December 2013
Appeal dismissed: plaint rejection does not invoke res judicata; invoice plus acknowledgement can prove payment and ownership.
Civil appeal — preliminary objection on corporate capacity — rejected; res judicata — rejection of plaint permits fresh plaint; interlocutory observations — not binding at trial; invoice and written acknowledgement — admissible proof of payment/contract; appellate review — findings of fact upheld.
20 December 2013
A sale to a bank for a third party breached the Financial Institutions Act; the illegal contract is unenforceable and the suit dismissed.
* Contract law – sale of land – distinction between contract to sell and transfer of legal title; clause providing refund/reversion for defects preventing transfer. * Real property – trust separates legal and beneficial title; missing trust deed and third-party possession prevent perfection of title. * Remedies – specific performance, contractual rescission/refund, and damages; interest awards must be justified and reasonable. * Illegality – Financial Institutions Act s.18(1)(c) prohibits bank acquiring immovable property for third-party clients; contracts in breach are nullities. * Restitution – unjust enrichment principles (Fibrosa) inapplicable where illegality and pari delicto bar relief.
20 December 2013
Conviction for defilement upheld; sentencing was illegal because child-sentencing procedures under the Children Act were not followed, immediate release ordered.
Criminal law – defilement – conviction upheld on credible witness and medical evidence; Children Act – procedure for arrest, remand and sentencing of children; Family and Children Court jurisdiction – requirement to remit convicted children for sentencing; prolonged remand of child offenders and illegality of adult court sentencing.
20 December 2013
Appellant's challenge to a 14-year manslaughter sentence dismissed as not manifestly excessive.
* Criminal law – Sentencing – Appeal against sentence only – appellate restraint; standard: manifestly excessive, wrong in principle, or overlooking material factor. * Sentencing considerations – aggravating factors: brutality, relationship to victim; mitigating factors: age, first offender status, remand period. * Mitigation – family responsibilities/parenthood generally not a mitigating factor reducing sentence (Nilsson principle).
19 December 2013

CL|Jurisdiction|Registrar|Late filing and extension of time to appeal|Consent Order

19 December 2013
Appellate court upheld a 16‑year sentence for aggravated defilement; plea procedure irregular but non‑prejudicial.
* Criminal law – Aggravated defilement – sentencing – appellate interference standard for sentence (manifestly excessive/miscarriage of justice). * Criminal procedure – plea-taking – Adan v Republic procedure; irregular plea-taking that is non‑prejudicial. * Sentencing – aggravating factor: offender HIV‑positive and very young victim under amended Penal Code. * Mitigation – remand period, family responsibilities, plea of guilty and repentance.
19 December 2013
Appellate court quashed defilement conviction due to material inconsistencies and inconclusive medical corroboration of penetration.
Criminal law – aggravated defilement – corroboration of sexual intercourse; inconsistencies in prosecution evidence; weight and admissibility of medical and laboratory reports; unsafe conviction; appellate re-evaluation of evidence.
17 December 2013
Appellate court upheld 35-year murder sentences, finding no manifest excessiveness or judicial error in sentencing.
* Criminal law – Murder – Sentencing – Whether sentence is manifestly excessive – Appellate interference only where sentence is manifestly excessive, wrong in principle, or important circumstances ignored – Mitigating factors (age, remand time, reform) and aggravating factors (violence, victim relation) assessed.
17 December 2013