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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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7 judgments
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May 2014
Aids Health Foundation v Mirembe Kizito (Civil Application No. 147 of 2014) [2014] UGCA 126 (22 May 2014)
A Court of Appeal single Justice may hear interlocutory stays but applicants must first apply to the High Court unless exceptional circumstances are shown.
* Procedure – Stay of execution – Jurisdiction of single Justice to hear interlocutory applications under section 12(1) Judicature Act. * Civil procedure – Concurrent jurisdiction – Rule 42 requires applications to be made first to the High Court where both courts have jurisdiction. * Appeals – Court of Appeal may in rare cases entertain stay applications first where special circumstances (urgency, manifest error, delay) are shown. * Failure to disclose reasons for bypassing High Court justifies dismissal.
 22 May 2014
Nalukenge v Uganda (Criminal Appeal No. 67 of 2008) [2014] UGCA 27 (22 May 2014)
Court of Appeal lacked jurisdiction over a second appeal on mixed fact and law and dismissed appeal for want of prosecution.
Criminal procedure – timeliness of notice of appeal – date of delivery versus date on judgment; Second appeals – section 45(1) CPC restricts second appeals to points of law only (no mixed fact and law); Want of prosecution – appellate court may strike out notice of appeal where appellant fails to take necessary steps; Responsibility for prosecuting appeal rests on appellant as well as counsel; Extension of time – insufficient cause; Bail pending appeal – cancellable where appeal dismissed.
 22 May 2014
Cheboi v Koroko (Civil Miscellaneous Application No. 105 of 2014) [2014] UGCA 24 (21 May 2014)
Court dismissed stay application for lack of exceptional circumstances, directing applicant to seek relief in the High Court.
Court of Appeal – interlocutory jurisdiction of a single Justice (Judicature Act s12) – stay of execution pending appeal – Rule 42 requirement to apply first in the High Court – Lawrence Musiitwa Kyazze principles on exceptional circumstances – factual disputes over possession and eviction.
 21 May 2014
Kalisa v Karumu & 2 Ors (Civil Reference No 139 of 2013) [2014] UGCA 16 (21 May 2014)
Registrars have enhanced interlocutory powers but cannot stay High Court executions and there is no automatic reference to a single Justice.
* Court of Appeal — Practice Direction No.1 of 2004: enhanced interlocutory powers of Registrars as a case-management tool; not a source of an automatic right of reference to a single Justice. * Procedure — references vs appeals: where rules expressly provide for references (e.g. taxation or rejected documents) they are informal and regulated; PD1(2004) contains no comparable route. * Interim relief — Registrars should not grant orders staying High Court proceedings or execution; such relief is for Justices. * Jurisdiction — no inherent or inferred right of appeal/reference from Registrar to single Justice under PD1(2004); two-tier internal appeals create delay and are discouraged.
 21 May 2014
Kalisa v Nyangire & 2 Ors (Civil Reference No 139 of 2013) [2014] UGCA 87 (21 May 2014)
21 May 2014
Uganda Revenue Authority V East Africa Property Holding LTD (Civil Appeal No. 144 of 2014) [2014] UGCA 83 (6 May 2014)
Demand letters alone do not prove a serious, imminent threat of execution to justify an interim stay.
* Civil procedure – stay of execution – interim stay requires pending substantive application and evidence of a serious, imminent threat of execution – demand letters insufficient as evidence of execution threat.
 6 May 2014
Nyakaana & Sons v Nyakaana & Ors (Miscellaneous Application No. 93 of 2014) [2014] UGCA 104 (2 May 2014)
Stay granted of High Court liquidation order to preserve appeal and prevent irreparable dissipation of disputed estate assets.
Civil procedure – Stay of execution pending appeal – Liquidation proceedings – Protection of right of appeal where continued liquidation would render appeal nugatory – Use of s.11 Judicature Act to grant substitutive stay – Preservation of status quo; limitation of liquidator’s powers.
 2 May 2014