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.

Visit website

https://www.judiciary.go.ug/data/smenu/77//Court%20of%20Appeal.html

11 judgments

Advanced search

All years

All months

Filters

Sort by:

11 judgments

Citation	Judgment date
February 2014
Kiggundu v Uganda (Criminal Appeal No. 0180 of 2009) [2014] UGCA 14 (27 February 2014) Appellant’s conviction upheld: recognition identification and medical corroboration outweighed minor inconsistencies in witnesses' accounts. * Criminal law – Defilement – Identification by recognition – Quality of identification assessed by proximity, lighting, familiarity, multiplicity of witnesses and duration at scene. * Evidence – Visual identification – Need for caution but conviction may stand where circumstances support reliable recognition. * Evidence – Contradictions in prosecution witnesses – Distinguishing minor inconsistencies from material contradictions; medical report as corroboration.	27 February 2014
Lumweno & Co. Advocates v Transafrica Assurance Company Ltd (Civil Appeal No. 95 of 2004) [2014] UGCA 99 (25 February 2014) Advocates entitled to full instruction fees upon receipt of instructions, irrespective of execution or client withdrawal. Legal fee entitlement – advocate fees – statutory interpretation – contractual withdrawal and refund rules.	25 February 2014
Nangobi v Sophatia (Civil Appeal No. 0097 of 2011) [2014] UGCA 7 (25 February 2014) A second appellate court re‑evaluated the evidence and held the father's allocation was an inter vivos gift, making the later sale void. Civil appeal – second appellate review of evidence – scope and power to re‑evaluate where first appellate court failed; Property law – inter vivos gift v. bequest – interpretation of documentary language in context; Transfer of land – validity of subsequent sale where prior gift vested ownership; Restitution – purchaser’s remedy against vendor for refund where purchase conveys no title.	25 February 2014
Rwabuganda v Bitamisi (Civil Appeal No. 87 of 2010) [2014] UGCA 2 (25 February 2014) Tribunal lacked jurisdiction where summons were not served within prescribed time and no extension was sought; substituted publication service was ineffective. Civil procedure – service of summons – Order 5 Rule 2 CPR – failure to effect service within 21 days and no extension application – suit should be dismissed; substituted service by publication may be deemed but is ineffective if it does not bring proceedings to defendant’s notice; ex parte judgment obtained without compliance with mandatory service provisions is a nullity.	25 February 2014
Maniraguha Gashumba v Sam Nkundiye (Civil Appeal No. 23 of 2005) [2014] UGCA 136 (21 February 2014) Res judicata requires production of a valid signed judgment; unsigned documents and oral evidence cannot establish it. Civil procedure – res judicata – requirement of production of a valid signed judgment and record; inadmissibility of unsigned/uncertified judgment and oral evidence to establish res judicata; tort – trespass may be continuing, giving rise to fresh causes of action; scope of second appeal limited to points of law or misapplication of principle.	21 February 2014
Maniraguha v Nkundiye (Civil Appeal No. 23 of 2005) [2014] UGCA 1 (21 February 2014) Res judicata is a jurisdictional bar requiring production of a valid signed judgment; continuing trespass can constitute fresh causes of action. Civil procedure – res judicata (S.7 Civil Procedure Act) – jurisdictional bar not waivable; proof of res judicata requires valid signed judgment and record; unsigned purported judgment and oral evidence cannot establish res judicata – Tort – continuing trespass gives rise to fresh causes of action – Second appeal – limited re‑evaluation of facts.	21 February 2014
Kasoma v Kizza (Civil Application No. 333 of 2013) [2014] UGCA 105 (20 February 2014) A non-party who obeys a valid High Court release order cannot be committed for contempt of unrelated stay orders. Contempt – whether non-parties can be committed for contempt of orders not directed to them; Specification of property in stay orders; Detachable fittings versus vehicle for attachment purposes; Proper procedure to challenge a release order (set-aside before committal); Limits on Registrar’s powers and improper disciplinary referrals.	20 February 2014
Kashwahiri and Another v Kajungu (Civil Appeal No. 85 of 2011) [2014] UGCA 140 (18 February 2014) Court upheld land ownership based on gift inter vivos, dismissing appeal with cost variations. Land law - trespass - ownership claims through gift inter vivos – admissibility of evidence – proper application of civil standard of proof.	18 February 2014
Takiya Kashwahir and Another v Kajungu (Civil Appeal No. 35 of 2011) [2014] UGCA 142 (18 February 2014) The appellate court upheld the decision that sufficient evidence supported the respondent's ownership of disputed land. Land law – Gift inter vivos – Evaluation of evidence – Standard of proof in civil cases – General damages and mesne profits awards – Appellate court's discretion.	18 February 2014
Mwesekezi v Kajubi (Civil Application No. 261 of 2013) [2014] UGCA 29 (5 February 2014) An out-of-time appeal and defective service led to striking out the Notice of Appeal and appeal for non-compliance with appellate rules. Appellate procedure – Notice of Appeal – filing and service requirements; duty of High Court Registrar under Rule 77; time for filing Record of Appeal; Rule 83(2) exclusion for preparation time; requirement for application to extend time under Rule 2(2).	5 February 2014
Malinga v Babirye (Civil Appeal Number 49 of 2010) [2014] UGCA 134 (1 February 2014) Appeal allowed: letter to third parties was libellous; justification and fair‑comment defences failed; damages awarded. Defamation – libel by letter – publication to third parties – meaning of words in their natural and ordinary sense – defences of justification and fair comment require proof of substantive truth and public interest – malice negates fair comment – damages and interest awarded.	1 February 2014