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

12 judgments

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12 judgments

Citation	Judgment date
November 2014
Korobe v Uganda (Criminal Appeal Number 0243 of 2013) [2014] UGCA 124 (27 November 2014) Child eyewitness corroborated; manslaughter conviction upheld, original sentence set aside and reduced to 14 years. Criminal law – Evidence of child witness – corroboration by lay and medical evidence; absence of post‑mortem not necessarily fatal; manslaughter distinguished from murder; sentencing – failure to consider mitigation and remand credit renders sentence defective.	27 November 2014
Kwamusi v Uganda (Criminal Appeal Number 0203 of 2009) [2014] UGCA 72 (24 November 2014) Failure to expressly consider remand period under Article 23(8) renders a custodial sentence illegal; Court substituted 12 years. Constitutional law – Article 23(8) – obligation to take remand period into account when imposing imprisonment; failure to state consideration renders sentence illegal; appellate power to set aside and substitute sentence. Criminal law – manslaughter by a firearms holder – mitigation (youth, first offender, plea) and aggravation (loss of life, misuse of firearm).	24 November 2014
Francis Atoke v DFCU Bank Ltd and Another (Civil Appeal No. 136 of 2014) [2014] UGCA 143 (21 November 2014) Appellant consents to withdraw appeal against respondents, and parties agree there be no orders as to costs. Practice and procedure – Withdrawal of appeal by consent – Court recording of consented withdrawal – Parties agree no orders as to costs.	21 November 2014
Bazirake v Uganda (Criminal Appeal No. 73 of 2009) [2014] UGCA 48 (20 November 2014) An appellate court will not disturb a sentence unless a wrong principle was applied, a material factor overlooked, or it is manifestly excessive. Criminal law — Sentencing discretion — Appellate interference only where trial judge acted on wrong principle, overlooked material factor, or sentence is manifestly excessive; mitigation in sex offences involving very young children; remand time as a factor; respondent cannot seek enhancement without appeal/cross‑appeal.	20 November 2014
Kajura & 2 Others v Uganda (Criminal Appeal No. 136 of 2009) [2014] UGCA 37 (20 November 2014) Failure to record consideration of remand custody renders a sentence illegal; children must be sentenced by the Family and Children Court. Constitutional law – Article 23(8): mandatory consideration and recording of remand custody when sentencing; Criminal procedure – sentencing: appellate intervention where trial Judge acts on wrong principle or on unproven facts; Children – sentencing jurisdiction under s.104 of the Children Act; Sentencing principles – aggravating and mitigating factors and remand credit.	20 November 2014
Kasaija v Uganda (Criminal Appeal No. 128 of 2008) [2014] UGCA 47 (20 November 2014) Failure to hold sentencing hearing and to credit remand time renders sentence null; appellate court substituted sentence. * Criminal law – Sentencing – Requirement to hold a sentencing hearing post-conviction (Kigula) – Failure to hold hearing vitiates sentencing. * Constitutional law – Article 23(8) – Duty to credit time spent on remand when imposing imprisonment – failure renders sentence null. * Appellate jurisdiction – Court of Appeal may quash invalid sentence and impose a fresh sentence under section 11 Judicature Act. * Sentencing considerations – balancing aggravating brutality of killings against mitigating factors (first offender, age, remand period).	20 November 2014
Kusemererwa & Anor v Uganda (Criminal Appeal No. 83 of 2010) [2014] UGCA 38 (20 November 2014) Court reduced 20-year aggravated robbery sentences to 13 and 12 years, crediting remand and mitigating factors. Criminal law – Aggravated robbery – Sentence – Manifestly excessive – Credit for time on remand – Mitigating factors (youth, first offender, no physical injury) v. aggravating factors (use of firearm, appellant a soldier).	20 November 2014
Kyaggwe Coffee Curing Estates Ltd v Lukwajju (Civil Application No. 327 of 2014) [2014] UGCA 139 (20 November 2014) Court found respondent in contempt for executing a decree despite an appellate stay, sentencing him to imprisonment and a fine. * Civil procedure – Stay of execution – scope of stay (whole decree versus physical eviction); * Contempt of court – disobedience of interim order; * Execution procedure – requirement for inventory, verification and police safeguards; * Effectiveness of court orders – orders in rem take effect when pronounced; * Natural justice – requirement to hear alleged contemnors before punishment.	20 November 2014
Mugume v Metropolitan Properties (Miscellaneous Application No. 31 of 2014) [2014] UGCA 60 (20 November 2014) Application for stay of execution dismissed for failure to show reasonable grounds; costs awarded to respondent. Stay of execution – interlocutory relief pending appeal – requirement to show reasonable grounds – application dismissed – costs awarded to respondent.	20 November 2014
Specioza Kalungi and Others v Attorney General (Civil Appeal No. 76 of 2011) [2014] UGCA 145 (19 November 2014)	19 November 2014
Nalongo Burashe v Kekitiibwa (Civil Appeal No. 89 of 2011) [2014] UGCA 70 (10 November 2014) Court held LCII has original jurisdiction in land matters but set aside LCII judgment as the council was not validly constituted. Local council courts – jurisdiction in land disputes – parish/ward (LCII) as court of first instance; Appeals – requirement for statutory leave; Court of Appeal’s power under Rule 42 to grant leave on its own motion; Validity of LC courts’ decisions where councils were not lawfully constituted (Ruranga).	10 November 2014
Beinomugisha Gerald v Uganda (Criminal Appeal No. 478 of 2014) [2014] UGCA 135 (7 November 2014) Whether the death sentence was manifestly excessive given mitigating factors and the consistency principle. Criminal law – Murder – Sentencing – Death penalty discretionary, confined to the "rarest of the rare" – Sentencing Guidelines and Law Revision Act – Consistency principle in sentencing – Mitigating and aggravating factors – Appellate interference with sentence – Remand period deduction.	7 November 2014