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

15 judgments

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15 judgments

Citation	Judgment date
April 2014
Tujunirwe v Uganda (Criminal Appeal No. 26 of 2006) [2014] UGCA 81 (30 April 2014)	30 April 2014
Aharikundira v Uganda (Criminal Appeal No. 104 of 2009) [2014] UGCA 90 (24 April 2014) Appellate court affirmed murder conviction on circumstantial and forensic evidence and upheld the death sentence. Criminal law – Murder – Circumstantial evidence – Corroboration not always required where inculpatory facts exclude innocence; Witness inconsistencies – previous statements affect credibility but are not themselves evidence to be acted upon; Forensic evidence – blood matching deceased – motive and conduct as corroborative circumstances; Sentencing – appellate restraint unless discretion is misused; Death penalty upheld.	24 April 2014
Rwabuganda v Bitamissi (Civil Appeal No. 87 of 2010) [2014] UGCA 102 (17 April 2014) Untimely personal service without extension renders substituted service ineffective and the ensuing ex parte judgment and title transfer null. District Land Tribunal Rules; Order 5 Rule 2 Civil Procedure Rules – timeous service of summons and requirement to apply for extension; substituted service by publication – "deemed" service not effective if it does not bring proceedings to defendant's notice; ex parte judgments founded on ineffective service are null ab initio; dismissal for non-compliance with service rules; rectification of land register and orders for vacant possession.	17 April 2014
Siraji v Stanbic Bank (Civil Appeal No. 23 of 2009) [2014] UGCA 85 (17 April 2014)	17 April 2014
Stanbic Bank (U) Ltd v Arim (Civil Application No. 0212 of 2013) [2014] UGCA 119 (17 April 2014) Court granted leave to validate late service of a notice of appeal and refused to strike out the appeal. Civil procedure — Service of notice of appeal — Rule 78(1) Court of Appeal Rules — Effect of late service — Court’s power to extend time — Article 126(2)(e) Constitution — Rules 2(2) and 5 Court of Appeal Rules — Validation of service — Substantive justice.	17 April 2014
Kalya & 2 Ors v Macekenyu (Civil Appeal No. 82 of 2012) [2014] UGCA 25 (16 April 2014) Whether the respondent's occupation constituted customary, lawful or bona fide tenure and whether he was a trespasser. Land law — distinction between customary tenancy, lawful occupancy and bona fide occupancy; Section 29(2) Land Act (bona fide occupant requirements); Section 35 Land Act (option to owner on assignment by tenant by occupancy); proof requirements for purchase of bibanja; tenancy at will and conversion to trespass; limitation on trespass damages; appellate reappraisal of evidence.	16 April 2014
Uganda Telecom Ltd v Mweteise & 24 Ors (Civil Application No. 134 of 2014) [2014] UGCA 30 (14 April 2014) Court extended payment deadline and preserved stay under its inherent powers to prevent the appeal becoming nugatory. Civil procedure — Extension of time — Rule 5 Court of Appeal Rules — Inherent power under Rule 2(2) — Rule 42(2) to safeguard right of appeal — Conditional stay of execution — Lapse of stay for non-compliance — Consequential extension to protect appeal.	14 April 2014
Administrator General v Kasiba (Civil Application No. 124 of 2011) [2014] UGCA 127 (10 April 2014) Court refused to strike out appeal for non‑service, extended time seven days to effect service and protected co‑respondent’s rights. Civil procedure – service of notice of appeal and record – Rule 78 requires service on persons directly affected – affidavit of service must be annexed and prove place/date; mistake of counsel not visited on client; inherent power and Rule 43 – extension of time to prevent injustice; striking out appeal would prejudice properly served co‑respondent.	10 April 2014
Kaserebanyi v Uganda (Criminal Appeal No.040 of 2006) [2014] UGCA 89 (10 April 2014)	10 April 2014
Naziwa Vs Uganda (Criminal Appeal Number 0088 of 2009) [2014] UGCA 28 (10 April 2014) Appellate court upheld conviction on credible single-witness identification and affirmed an 18-year sentence with remand considered. Criminal law – Kidnap with intent to murder – conviction based on single identifying witness – conditions for safe identification. Evidence – failure to call corroborating witness – negative inference only where missing evidence is necessary to establish a vital ingredient. Appellate procedure – duty to reappraise evidence on first appeal. Sentencing – consideration of remand period; appellate interference only where sentence is illegal or manifestly excessive.	10 April 2014
Bitamissi v Rwabuganda (Miscellaneous Application No. 79 2014) [2014] UGCA 106 (7 April 2014) Applicant failed to prove sufficient cause to restore the appeal; subsequent Supreme Court appeal vitiated rehearing. Civil procedure – Court of Appeal – Rule 100(4) – Restoration and rehearing of appeal where party or counsel absent – requirement to show sufficient cause (e.g., illness of counsel). Proof of illness – timing and credibility of medical evidence. Inherent powers and Article 126(2)(e) – substantive justice over technicalities. Effect of pending appeal to higher court – Court of Appeal cannot set aside a judgment that is under appeal.	7 April 2014
American Procurement Company Limited v Attorney General and Inspectorate of Government (Civil Appeal No. 35 of 2009) [2014] UGCA 133 (4 April 2014) An IGG investigation stopping payment renders a government-contract claim premature; the IGG order is a valid defence. Inspectorate of Government investigations — effect on justiciability of government contracts; IGG capacity to sue/be sued — conflicting precedents; IGG directive stopping payment as a defence to suit for payment; attempted assignment of decretal sums and potential abuse of process.	4 April 2014
American Procurement Company Ltd v Attorney General & Anor (Civil Appeal Number 0035 of 2009) [2014] UGCA 128 (4 April 2014) IGG investigations and a directive suspending payment rendered the contract premature and barred the contractual claim. Administrative law / public investigations – effect of Inspectorate investigations on contractual rights; directive stopping payments renders contract non-justiciable until investigations conclude. Civil procedure – joinder and capacity – conflicting authorities on IGG's corporate capacity; issue unresolved and for Constitutional Appeal Court. Remedies – ex parte decrees and assignments entered while investigations ongoing may be set aside; transactions done to circumvent administrative directives may be frivolous and vexatious. Defence – a government directive to suspend payment is a valid defence to a contractual claim.	4 April 2014
Kakembo v Roko Construction Limited (Civil Appeal No. 05 of 2005) [2014] UGCA 31 (4 April 2014) Appellant failed to prove unusability or 70% loss; expert evidence unreliable and general damages award upheld; appeal dismissed with costs. • Civil procedure – appeal – reappraisal of evidence under Rule 30 – appellate court may draw its own inferences of fact. • Land law/tort – trespass and damage to land – distinction between general damages for trespass and compensation for loss of value. • Evidence – expert evidence – court may reject expert opinion if expert lacks necessary qualifications or grounds for conclusions. • Environmental law – National Environment Act (ss.67,71) – availability of environmental restoration orders.	4 April 2014
Lubanga v Uganda (Criminal Appeal No. 124 of 2009) [2014] UGCA 9 (1 April 2014) Remand time must be considered at sentencing but need not be arithmetically subtracted or back-dated. Constitutional law — Article 23(8) — sentencing — pre-conviction remand must be taken into account; not an arithmetic subtraction or back-dating; sentence commences from conviction.	1 April 2014