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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.

Physical address
Twed Towers along Kafu Road, Nakasero,Kampala.
11 judgments
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11 judgments
Citation
Judgment date
February 2015
20 February 2015

 

20 February 2015
17 February 2015
16 February 2015
Application for certificate for third appeal dismissed: proposed issues were factual, not questions of law of public importance.
Judicature Act s.6(2) – third appeal certification; certification limited to questions of law of great public or general importance; distinction between questions of law and questions of fact; onus on applicant to show public/general importance; issues must have arisen and been determined in lower courts.
16 February 2015
13 February 2015
Applicant failed to show due diligence for admitting fresh evidence on appeal; application dismissed, costs to abide appeal.
Civil procedure – Admission of fresh evidence on appeal; requirements: unavailability despite due diligence, relevance, credibility, probable influence on result; client’s duty to ensure evidence is produced; counsel’s omission insufficient to justify reopening case.
12 February 2015
12 February 2015
11 February 2015
Application to reinstate an appeal struck out for procedural non‑compliance and invalid letters of administration.
Civil procedure – Withdrawal of appeal – Rule 94 requirements (notice, service, consent) – Withdrawal after matter called for hearing requires leave – Rule 97: death does not abate appeal – Validity and admissibility of letters of administration – Administrator substitution and locus standi.
6 February 2015
Trial court must deduct remand time when sentencing; appellate court reduced manifestly excessive concurrent sentences.
Criminal law – sentencing – remand credit – duty of trial court under Article 23(8) to account for time on remand – misdirection if left to prison authorities – appellate review of excessive sentence – substitution of sentence.
3 February 2015