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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
13 judgments
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13 judgments
Citation
Judgment date
January 2015
Commissioner Customs, Uganda Revenue Authority v Kirenga Fred (Miscellaneous Application No. 91 of 2014) [2015] UGCA 6 (29 January 2015)
A single Justice may grant an interim stay only in compelling circumstances; applicant failed to prove imminent execution or irreparable harm.
Court of Appeal – interim stay of execution – single Justice’s inherent power – compelling circumstances required – burden on applicant to prove imminent execution and irreparable harm – mere filing of substantive stay/appeal insufficient.
 29 January 2015
Kazibwe v Uganda (Criminal Appeal No. 48 of 2015) [2015] UGCA 21 (27 January 2015)
27 January 2015
Kadebu v Karugaba & 2 ors (Civil Application No. 75 of 2012) [2015] UGCA 25 (22 January 2015)
22 January 2015
Bahinguza & Anor v Attorney General (Miscellaneous Application No. 269 of 2013) [2015] UGCA 5 (20 January 2015)
20 January 2015
Kazarwa v Uganda (Criminal Appeal No. 128 of 2011) [2015] UGCA 71 (20 January 2015)
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 20 January 2015
Imere v Uganda (Criminal Appeal Number 0065 of 2012) [2015] UGCA 2 (19 January 2015)
19 January 2015
Alenyo v Uganda (Criminal Appeal No. 75 of 2012) [2015] UGCA 17 (15 January 2015)
15 January 2015
Nteziyalemye v Mbarara District Local Government Council & Anor (Civil Appeal No. 0085 of 2004) [2015] UGCA 1 (15 January 2015)
Appellant’s dismissal upheld: he received a hearing, admitted charges, and unpleaded regulatory objections were not entertained.
* Administrative law – disciplinary proceedings in public service – opportunity to be heard and right to present defence – pleading requirements for constitutional/regulatory non-compliance. * Evidence – admissions in disciplinary proceedings and their probative effect. * Civil procedure – issues not pleaded at trial cannot be raised for the first time on appeal. * Public Service – role of District Service Commission and Public Service Commission in disciplinary appeals.
 15 January 2015
Sam Sewanyana and Another v Nicholas Were (Civil Reference No. 79 of 2013) [2015] UGCA 2030 (15 January 2015)
Whether the Registrar erred in granting an interim injunction maintaining status quo in a disputed company directorship matter.
* Court of Appeal — Registrar’s powers under Practice Direction No.1 of 2004 and Court of Appeal Rules — jurisdiction to grant interim orders. * Interim injunctions — discretion and conditions for grant; maintenance of status quo pending appeal. * Company law — disputes over directorships; effect of High Court determinations and registration with Registrar of Companies. * Procedural — reference against Registrar’s decision; remedy where Registrar misdirects on facts.
 15 January 2015
Mugambe v Uganda (Criminal Appeal No. 060 of 2011) [2015] UGCA 9 (13 January 2015)
13 January 2015
National Resistance Movement v Kibaaju (Civil Appeal No. 40 of 2012) [2015] UGCA 103 (13 January 2015)

 

 13 January 2015
Mutabazi Vs The Seventh Day Adventist Church (Civil Appeal No. 088 of 2011) [2015] UGCA 181 (7 January 2015)
The applicant failed to prove a customary kibanja interest and did not establish fraud in the respondent's title, so the appeal was dismissed.
Civil appeal – land – kibanja/customary tenancy – proof of customary acquisition and continuous occupation; locus in quo – duty to include proceedings in record of appeal and to lodge supplementary record; registration of title – protection under s.59 Registration of Titles Act absent proof of fraud; fraud – requires evidence of dishonest dealing to defeat an unregistered interest.
 7 January 2015
Mukasa Kyagaba v Patel (Civil Appeal Number 13 of 2006) [2015] UGCA 2025 (1 January 2015)
Transfers to a non‑African effected without prior ministerial consent are illegal and void ab initio; registration does not cure them.
Land Transfer Act – ministerial consent for transfers to non‑Africans – absence of prior consent renders contract and transfer void ab initio; registration or subsequent consent does not validate prior illegal transfer; protective purpose of consent requirement; remedies include cancellation of transfers and reinstatement on the register.
 1 January 2015