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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9 judgments


December 2013
Baguma v Uganda (Criminal Appeal No. 192 of 2009) [2013] UGCA 27 (20 December 2013) Single-witness identification upheld but malice aforethought not proved; conviction reduced to manslaughter and sentence reduced. Criminal law — Identification — Single identification witness — Reliability and corroboration — Homicide — Murder v. manslaughter — Malice aforethought; inference from weapon, injuries and circumstances Criminal procedure — Assessors’ opinion — Trial judge’s disagreement — Evaluation of evidence and reasons	20 December 2013
E-Krall Investments (U) Ltd & 2 Ors v Gunter Piber (Civil Appeal No. 07 of 2012) [2013] UGCA 32 (20 December 2013) Appeal dismissed: rejected plaint did not bar fresh suit; invoice with acknowledgement proved payment. Civil procedure — Res judicata — Rejection of plaint under Order 6 r.11(d) and effect of Order 7 r.13 — Fresh plaint permitted — Interlocutory injunction — Observations in interlocutory rulings are obiter and do not preclude trial determination of issues Evidence — Proof of payment — Invoice together with written acknowledgement can constitute acceptance and proof of payment	20 December 2013
Nipun Norattam Bhatia v Crane Bank Ltd (Civil Appeal No. 75 of 2006) [2013] UGCA 26 (20 December 2013) Bank's purchase of land for a client breached the Financial Institutions Act, rendering the sale void and barring contractual recovery. Contract law — Sale of land — Enforceability of indemnity/refund clause where vendor lacks legal title — interpretation of contractual remedy for failure to convey title Financial institutions law — Prohibition on banks purchasing immovable property for clients — Illegality and nullity of contracts under s.18(c) Financial Institutions Act Remedies — Interest and restitution — Court discretion under Civil Procedure Act s.26 against harsh interest; restitution barred where recovery depends on illegal transaction	20 December 2013
Ssendyose v Uganda (Criminal Appeal No. 150 of 2010) [2013] UGCA 29 (20 December 2013) Conviction affirmed but sentence set aside because offender was a child; immediate release ordered under Children Act protections. Criminal law — Children — Sentencing of child offenders — Remittal to Family and Children Court under Children Act s 94(1)(g)Criminal procedure — Arrest and remand of children — Non‑compliance with Children Act s 89–91; detention and procedural safeguardsHuman rights — Prolonged remand of a child — Infringement of statutory and constitutional rights; immediate release warranted	20 December 2013
Bantalingaya V Uganda (Criminal Appeal No. 167 of 2009) [2013] UGCA 24 (19 December 2013) An appellate court will not disturb a 14-year manslaughter sentence unless it is manifestly excessive or based on wrong principle. Criminal law — Sentence — Appeal against sentence — Appellate interference only where sentence is manifestly excessive, wrong in principle, or relevant factors ignored — Mitigation — Family circumstances (being a parent) do not necessarily amount to mitigation — Manslaughter — Intoxication as a factor in reducing murder to manslaughter (relevant to conviction, distinct from sentencing)	19 December 2013
Nantumbwe & 3 Others v Kuteesa (Civil Application No. 294 of 2013) [2013] UGCA 23 (19 December 2013) CL\|Jurisdiction\|Registrar\|Late filing and extension of time to appeal\|Consent Order	19 December 2013
Olara v Uganda (Criminal Appeal No 30 of 2010) [2013] UGCA 30 (19 December 2013) Appeal against a 16-year sentence for aggravated defilement dismissed; plea procedure irregular but non‑prejudicial; sentence upheld. Criminal law — Sentencing — Aggravated defilement — Whether sentence manifestly excessive Criminal procedure — Plea of guilty — Proper procedure and effect of deviation (Adan v Republic) Criminal law — Sentencing — Aggravating factors — HIV infection as statutory aggravation (Penal Code s.129 amendments)	19 December 2013
Buyinza v Uganda (Criminal Appeal No. 120 of 2009) [2013] UGCA 28 (17 December 2013) Conviction for aggravated defilement quashed where evidence of penetration was inconsistent and medical proof inconclusive. Criminal law — Aggravated defilement — Proof of penetration and requirement of corroboration Evidence — Medical and laboratory reports — Weight and admissibility where reports are inconclusive and not properly led Criminal procedure — Inconsistencies in witness evidence and dates — When contradictions render a conviction unsafe	17 December 2013
Ssemanda &Anor v Uganda (Criminal Appeal No. 77 of 2010) [2013] UGCA 25 (17 December 2013) Appellants' challenge to 35-year murder sentences dismissed; appellate court declines to disturb properly exercised sentencing discretion. Criminal law — Sentencing — Appellate interference — Whether sentence is manifestly excessive or a miscarriage of justice — Principles from Kiwalabye Bernard — Murder — Sentencing considerations — Aggravating factors (violence, relation to victim) and mitigating factors (age, remand time)	17 December 2013

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