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
March 2014
Brenda Nabukenya v Rebecca Nalwanga Balwana (Election Petition Appeal No. 7 of 2012) [2014] UGCA 148 (27 March 2014) Failure to conduct a mandatory recount in a close parliamentary election substantially affected the result, warranting a fresh poll. Electoral Law – Parliamentary Elections Act – mandatory recount – close margin of victory – substantial effect – compliance with electoral procedures – role of Returning Officer – costs – sufficiency of evidence – expunged evidence.	27 March 2014
Uganda Broadcasting Corporation v Sinba (K) Ltd & 2 Ors (Civil Application No. 12 of 2014) [2014] UGCA 12 (27 March 2014) Consent appellate settlement and ensuing execution were set aside where the consent order and sale were unlawful and tainted by fraud. Execution and sale — consent judgment on appeal — appellate courts will not reverse lower court by consent; illegally extracted decree — nullity; execution against property not registered in judgment debtor’s name — invalid warrant; failure to follow Section 48 CPA procedures; sale in execution tainted by illegality/fraud — purchaser not bona fide; registrar ordered to cancel transfer and reinstate original proprietor.	27 March 2014
Wakyeya v Uganda (Criminal Appeal No. 0296 of 2010) [2014] UGCA 4 (26 March 2014) Article 23(8) requires proof of lawful pre‑trial custody before sentence reduction; bare counsel assertions do not suffice. Constitutional law – Article 23(8) – duty to take pre‑trial lawful custody into account when sentencing; onus on appellant to prove remand; unsworn counsel assertion insufficient.	26 March 2014
Komakech v Uganda (Criminal Appeal No. 0072 of 2008) [2014] UGCA 15 (25 March 2014) Proceeding with sentencing in accused’s counsel’s absence was not prejudicial; 14-year sentence for armed robbery with injury was upheld. Criminal law – Robbery with a deadly weapon – Sentencing – Right to legal representation at sentencing (Article 28(3)(e)) – Appellate interference only where trial court acted on wrong principles, overlooked material facts, or sentence is manifestly excessive.	25 March 2014
Registered Trustees of Kampala Archdiocese & Anor v Asaba (Civil Appeal No. 83 of 2011) [2014] UGCA 13 (25 March 2014) Whether a lease consent clause limits court-ordered sale and whether purchaser was bona fide amid alleged fraudulent sale irregularities. * Land law – sale in execution – court's power to attach and sell – effect of lease covenant requiring lessor's consent to assignment. * Property transfer – bona fide purchaser for value without notice – sale irregularities, conflicting sale dates and prices, and bailiff returns as indicia of fraud. * Appellate review – re-appraisal of evidence on first appeal and corrective orders setting aside tainted transfers.	25 March 2014
Sande v Uganda (Criminal Appeal No. 127 of 2009) [2014] UGCA 11 (24 March 2014) Article 23(8) requires courts to consider remand custody when sentencing but does not mandate arithmetic subtraction of that period. * Constitutional law – Article 23(8) – sentencing – requirement to take into account pre-conviction custody – does not mandate arithmetic subtraction of remand period. * Criminal procedure – sentencing – guilty plea and mitigation – consideration of remand period as a factor in sentencing. * Appeal – legality of sentence – upholding trial court sentence when remand period has been considered.	24 March 2014
Kemirembe Sarah v National Housing and Construction Company Ltd (CIVIL APPEAL No 83 OF 2010) [2014] UGCA 150 (20 March 2014) A first appellate court must have the trial record to re-evaluate evidence; proceeding without it renders its judgment void. * Civil procedure – Appeal procedure – Duty of first appellate court to rehear and re-evaluate evidence – necessity of trial court record. * Procedural fairness – Right to a fair hearing – availability of necessary records for appeal. * Appellate jurisdiction – Second appellate court’s limited role regarding factual findings – interference where first appeal void. * Validity of judgments – Judgment void ab initio where appeal proceeded without necessary record.	20 March 2014
Okello v Uganda (Civil Appeal No Coa-00-cr-cn-0329- 2010) [2014] UGCA 8 (18 March 2014) A cogent victim testimony and unchallenged admissions can sustain a sexual-offence conviction without medical corroboration. Criminal law – Sexual offences – Corroboration not an absolute requirement; conviction may rest on cogent victim evidence; medical evidence advisory; unchallenged admissions as corroboration; appellate re-appraisal of evidence.	18 March 2014
Brian Kaggwa v Peter Muramira (Civil Appeal No. 26 of 2009) [2014] UGCA 138 (14 March 2014) Entry of judgment at scheduling without hearing violated the applicant's right to fair hearing; retrial ordered. Civil procedure — scheduling conference vs hearing; Judgment on admission — requires unequivocal admission and judicial discretion; Fair hearing — Article 28(1) violated where judgment entered without hearing; Counterclaim — cannot be ignored as a separate cause of action.	14 March 2014
Horizon Coaches Limited v Mbarara Municipal Council & Ors (Constitutional Application No. 07 of 2014) [2014] UGCA 101 (12 March 2014) Applicant's attempt to revive a settled land dispute via constitutional petition held res judicata, frivolous; injunction dismissed with costs. * Constitutional law – jurisdiction of Constitutional Court – requirement that petition show on its face a question of constitutional interpretation. * Civil procedure – interim injunction – necessity of prima facie case, irreparable harm and balance of convenience. * Res judicata – finality of High Court, Court of Appeal and Supreme Court decisions on land title and fraud findings. * Separation of powers – limits of presidential letters/advice and non-ability to overturn judicial determinations. * Abuse of process – frivolous and vexatious constitutional claims seeking to circumvent final judgments.	12 March 2014
Kabandize & 20 Ors v Kampala Capital City Authority (Civil Appeal No. 28 of 2011) [2014] UGCA 26 (4 March 2014) Whether failure to serve statutory notice barred the applicant's suit against the respondent and entitlement to statutory retrenchment benefits. Constitutional law — construction of existing law (Art. 274) and equality before the law (Art. 20) — statutory notice requirement under Section 2 Civil Procedure & Limitations Act not a mandatory bar; Civil procedure — service — City Advocate as agent of Town Clerk; Evidence — burden to prove service on balance of probabilities; Employment law — Local Government Act Section 62(2) retrenchment benefits prevail over conflicting subsidiary staff regulations; Appellate practice — duty to re‑appraise evidence and remit for determination on merits.	4 March 2014
Commissioner Customs Uganda Revenue Authority v Kayumba (Civil Application No 62 of 2014) [2014] UGCA 129 (3 March 2014) A substantive stay pending appeal was granted to prevent removal of 832 pieces of ivory and protect related criminal proceedings. Judicature Act s.12 – stay of execution – single Justice may grant substantive stay pending appeal; special circumstances where subject matter (ivory) may be removed and is an exhibit in criminal proceedings; applicant’s statutory legal interest suffices despite no pecuniary interest.	3 March 2014