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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
Citation
Judgment date
December 2015
Informer No. URA/IAT/STIL/08/07 v Commissioner General of Uganda Revenue Authority (Civil Appeal No. 194 of 2013) [2015] UGCA 2038 (28 December 2015)
The appeal concerning an informer's claim for a 10% reward on tax recovery and breach of contract was dismissed.
Tax law - Informer reward - Calculation of reward - Legally binding payment agreements - Damages for breach of contract
 28 December 2015
Laila Kaka Wallia & Anor Vs Zubeda & Anor (Civil Application No. 366 of 2015) [2015] UGCA 185 (16 December 2015)
Court granted an interim stay to prevent imminent execution and preserve the applicants' appeal due to registry delay.
Civil procedure – Interim stay of execution: requirements of a pending substantive application and real threat of execution; ex parte interim relief where urgency and risk of rendering appeal nugatory; registry delay and special circumstances may justify Court of Appeal intervention.
 16 December 2015
Nyumba ya Chuma Ltd Vs Uganda Land Commission & Anor (Consitutional Petition No. 13 of 2010) [2015] UGCA 182 (9 December 2015)
Allocation of government-owned land to the land commission was lawful and did not breach constitutional land provisions; petition dismissed.
Constitutional law – Article 137 jurisdiction; land law – ownership and management of government land by the Uganda Land Commission (Article 239; Land Act s.53); district land boards’ functions (Article 241; Land Act ss.59–60); protection from deprivation (Article 26); reliefs in constitutional petitions.
 9 December 2015
Mutabazi Vs The Seventh Day Adventist Church (Civil Appeal No. 088 of 2011) [2015] UGCA 102 (7 December 2015)
Appellant failed to produce locus-in-quo record and did not prove kibanja interest or fraud; appeal dismissed with costs.
Land law – customary (kibanja) interests and bona fide occupancy – burden and nature of proof; Civil procedure – obligation to prepare complete record of appeal and effect of missing locus in quo proceedings; Registration of Titles – protection of certificate of title (s.59) and requirement of proof for fraud to impeach title.
 7 December 2015
Semakula v Attorney General & DPP (Civil Appeal 9 of 2012) [2015] UGCA 2021 (7 December 2015)

Criminal Law—habeas corpus—jurisdiction of General Court Martial—civilian trials—use of military weapons—competence of court—right to fair trial—procedural impropriety—service offences—application for habeas corpus dismissed, General Court Martial jurisdiction upheld.

 7 December 2015
Kasedde Mukasa v Wambedde and Others (Civil Appeal No. 30 of 2008) [2015] UGCA 2045 (3 December 2015)
Registered title shifts burden; long occupants protected as bona fide occupants, while an unproven occupant is a trespasser.
Land law – Registered proprietorship and burden of proof – Trespass – Customary (kibanja) tenure in urban areas – Public Lands Act 1969 prohibition – Article 237 constitutional protection and bona fide occupants – Admissibility of unpleaded factual evidence.
 3 December 2015
Were v Sam Sewanyana and Another (Civil Application Number 252 of 2013) [2015] UGCA 2031 (2 December 2015)
Applicant permitted to adduce forensic handwriting evidence challenging Letters of Administration that affect company shareholding; supplementary record ordered.
Court of Appeal discretion to admit additional evidence under Rule 30(1)(b); criteria for admission (newness after due diligence; relevance; credibility; probable influence; proof attached; no undue delay); admission of forensic handwriting report and affidavits alleging forgery affecting Letters of Administration and company shareholding; inherent powers under Rule 2(2) to prevent injustice.
 2 December 2015