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
June 2014
Babwekyeka v Musimenta (Civil Application No. 184 of 2014) [2014] UGCA 23 (30 June 2014) Applicant's stay application dismissed as misconceived because execution related to the Magistrate's decree, not the High Court dismissal. Interlocutory relief – stay of execution – application misconceived where execution relates to lower court decree and not to High Court dismissal of appeal; single Justice jurisdiction under section 12 Judicature Act to hear interlocutory matters.	30 June 2014
Lanyero & Anor v Lanyero (Reference No. 225 of 2013) [2014] UGCA 20 (30 June 2014) Court reduced manifestly excessive instruction fees and disallowed improper copy/document charges in taxation of election‑appeal costs. Taxation of costs — Reference under Rule 110 — Principles in Schedule 3, Rule 9 (instructions fees) and Rule 10 (drawing documents) — Election appeals: public interest, no monetary subject matter, bulky affidavits — Manifestly excessive costs; reduction of instruction fees and disallowance of copy/document fees.	30 June 2014
Lanyero Sarah & Anor Vs Lanyero Molly (Reference No. 225 of 2013) [2014] UGCA 122 (30 June 2014) Court reduced manifestly excessive instruction fees and other items in an election appeal to protect access to elective office. Costs – Taxation of bills – Reference under Rule 110 – Principles in Rule 9(2) Schedule 3 – Election appeals special considerations – Instruction fees – Manifestly excessive awards – Disallowance of duplicate copy fees.	30 June 2014
Katusiime v Kenroy Investiments Limited (Civil Application No. 177 of 2014) [2014] UGCA 107 (26 June 2014) Interim stay dismissed for lack of leave to appeal, no real prospect of success, and abuse of court process. Civil procedure – Order 36 Rule 5 – refusal of leave to appear and defend in summary procedure – not appealable as of right. Appeals – Order 44 Rules (1)-(3) – requirement for leave to appeal and initial application for leave at High Court. Stay of execution – prerequisites: pending valid appeal and likelihood of success; irreparable harm. Abuse of process – Rule 2(2) Court of Appeal Rules; Section 12 Judicature Act – dismissal of meritless applications.	26 June 2014
Nakato v Kenroy Investments Limited (Civil Application No. 177 of 2014) [2014] UGCA 108 (26 June 2014) Applicant’s stay applications dismissed: Order 36 Rule 5 refusal not appealable as of right; no leave obtained; applications abusive. Stay of execution – appealability of Order 36 Rule 5 decisions – requirement for leave to appeal (High Court then Court of Appeal) – conditional leave (deposit requirement) – likelihood of success and irreparable harm – abuse of court process – dismissal under Rule 2(2) and Section 12 Judicature Act.	26 June 2014
Aisha Kiwanuka v Micro Finance Centre Ltd and Another (Civil Application No. 169 of 2014) [2014] UGCA 144 (25 June 2014) Court issued a temporary injunction against property sale pending an appeal on mortgage consent issues. Civil procedure — appeal rights under the Mortgage Act versus the Civil Procedure Act — temporary injunction requirements.	25 June 2014
Hon Justice Anup Singh Choudry v Attorney General (Civil Appeal No. 0091 of 2012) [2014] UGCA 18 (18 June 2014) JSC’s recommendation to appoint a tribunal was quashed for denying the judge a fair hearing and for apparent bias by a participating commissioner. Constitutional and administrative law – removal of judges – JSC recommendation to appoint tribunal – applicability of Judicial Service Act section 11 and rules of natural justice to JSC preliminary proceedings. Natural justice – right to be heard (audi alteram partem) – judge must be given opportunity to present case at JSC meeting or inquiry before recommendation. Bias – apparent bias where a JSC member who participated in initiating a complaint sits on the deciding panel. Attorney General – ex officio JSC member conveying advice to President not in itself biased.	18 June 2014
Honourable Justice Anup Singh Choudry v Attorney General (Civil Appeal No. 91 of 2012) [2014] UGCA 147 (18 June 2014) The JSC's report recommending tribunal action against a judge was quashed for failing to provide a fair hearing. Judicial Service Commission – Judicial review – Right to a fair hearing – Bias in disciplinary proceedings.	18 June 2014
Kiiza v Uganda (Criminal Appeal No. 0102 of 2008) [2014] UGCA 19 (18 June 2014) Penetration for defilement not proved; unsworn child may be cross‑examined; conviction substituted but appellant released due to unproved age. Criminal law – Defilement – requirement to prove penetration beyond reasonable doubt – medical and lay evidence – insufficiency for penetration; Evidence – unsworn child witness – may be cross‑examined; Criminal procedure – substitution of conviction for lesser cognate offence (indecent assault) under s.87 TOIA; Youth justice – prosecution must prove accused’s age; failure may require juvenile treatment and release.	18 June 2014
Kato Kajubi Godfrey v Uganda (Criminal Appeal 173 of 2012) [2014] UGCA 131 (12 June 2014)	12 June 2014
Ssengendo Vs Busulwa & anor (Civil Application No. 207 of 2014) [2014] UGCA 17 (4 June 2014) Court dismissed stay application: improperly brought, lacked special circumstances, non-compliant with rules, and appeal time had lapsed. Court of Appeal procedure – stay of execution pending appeal – requirement to apply to High Court first – special/rare circumstances necessary for first-instance intervention; Impecuniousness not sufficient cause for stay; Rule 83 service and proof of service mandatory for automatic extension of time; time limits for filing appeal – failure to file and no extension – notice of appeal struck out as abuse of process.	4 June 2014