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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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8 judgments
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Judgment date
November 2015
Mugarra and Others v Bamuhiga and Others (CIVIL APPEAL NO.II OF 2010) [2015] UGCA 2027 (26 November 2015)
Appellate court upheld customary occupation, found leases procured by fraud, and dismissed the appeal with costs.
Land law – customary tenure – proof of long user, grazing and homesteads as evidence of customary occupation; Wildlife/control areas – Controlled Hunting Area does not automatically preclude human settlement or customary right; Procedure – locus in quo visit properly conducted; sketch plan and observations admissible; Fraud – procuring allocations to defeat unregistered customary interests amounts to fraud; Remedies – declarations, injunctions, possession and general damages; appellate restraint on interfering with discretionary damages awards.
 26 November 2015
Nyaketcho & 2 Ors Vs Oboth Obuya (Civil Appeal Number 012 of 2012) [2015] UGCA 184 (26 November 2015)
A registered proprietor cannot have title cancelled without being joined and given an opportunity to be heard.
Land law – Registered title – cancellation/impeachment of certificate of title – non‑party relief – natural justice (audi alteram partem) – decision null and void ab initio; Registration of Titles Act s177; Civil Procedure – joinder/party to suit.
 26 November 2015
Nkulungira v Uganda (Criminal Appeal No. 168 of 2011) [2015] UGCA 112 (12 November 2015)

Criminal law

 12 November 2015
Sebanakitta v M/s FuelEx (U) Limited (Civil Appeal No. 38 of 2010) [2015] UGCA 2041 (6 November 2015)
The court upheld the trial court’s finding that the appellant breached a supply contract and was indebted to the respondent.
Contract law – breach and indebtedness – whether the trial court properly assessed evidence – credibility of documentary and expert evidence – burden of proof – effect of not calling additional witnesses.
 6 November 2015
Twinomugisha v Uganda (Criminal Appeal Number 011 of 2009) [2015] UGCA 120 (5 November 2015)
Circumstantial evidence did not exclude other reasonable hypotheses and unascertained mental illness rendered conviction unsafe.
Criminal law – Circumstantial evidence – requirement that proved facts be inconsistent only with guilt and incapable of any other reasonable hypothesis; Proof beyond reasonable doubt; Forensic proof of bloodstains and witness evidence; Mental fitness/unsoundness – necessity to ascertain mental state before relying on post‑offence conduct; Homicide distinguished from staged suicide based on post‑mortem findings.
 5 November 2015
Kaijuka v Kananura (Civil Appeal No. 42 of 2014) [2015] UGCA 177 (4 November 2015)

Civil Procedure

 4 November 2015
Kabajungu v Akgizibwe (Civil Appeal 73 of 2010) [2015] UGCA 2024 (3 November 2015)
Second appellate court upholds oral amendment of land sale agreement and confirms respondent was not a trespasser; appeal dismissed with costs.
Land law – sale of land – oral amendment of written contract – vendor’s promise to compensate purchaser with part of adjacent plot – enforceability of oral amendment; second appellate review – scope and limits; trespass and eviction orders.
 3 November 2015
Kasiba v Administrator General and Another (Civil Appeal Number 11 of 2009) [2015] UGCA 2026 (3 November 2015)
Appellant estopped by acquiescence from reclaiming property despite absence of a valid inter vivos gift.
Property law – gift inter vivos – effectuality of gift despite delay in transfer; question of fact whether gift made. Evidence – estoppel by acquiescence – silence, acceptance of distribution, prolonged possession and improvements amount to estoppel. Appellate review – first appellate court must re-evaluate material evidence and may uphold findings when supported by evidence.
 3 November 2015