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

11 judgments

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11 judgments

Citation	Judgment date
May 2015
Mawanda v Uganda (Criminal Appeal No. 210 of 2010) [2015] UGCA 101 (28 May 2015) Murder conviction substituted to manslaughter where malice aforethought was not proved and assessor errors caused no substantial miscarriage. Criminal law – murder v manslaughter – requirement to prove malice aforethought; evidence to be assessed having regard to weapon, manner and part injured. Forensic evidence – limits of post‑mortem statements when influenced by investigatory material; distinction between "blunt instrument" and specific weapon characterization. Criminal procedure – assessors: accused entitled to object and a Judge must sum up to assessors, but procedural omissions will not vitiate conviction absent substantial miscarriage of justice. Appeal – appellate court may reappraise evidence and substitute convictions and sentences where appropriate.	28 May 2015
EXECUTIVE DIRECTOR NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) V SOLID STATE LIMITED (Civil Appeal Number 0239 of 2013.) [2015] UGCA 97 (27 May 2015) Cancellation of an EIA certificate without a hearing violated natural justice; general damages upheld, special damages set aside. Administrative law – Natural justice – Cancellation of an EIA certificate without hearing breaches Articles 28(1) and 42; certiorari appropriate remedy; Judicial review – Damages – Court may award damages under Judicial Review Rules if properly pleaded and proved; special damages require strict pleading/proof; general damages discretionary; Suit‑ability – Executive Director may be sued in official capacity making the Authority liable.	27 May 2015
Okada & Ors v Uganda (Criminal Appeal No.124 of 2004) [2015] UGCA 100 (27 May 2015) Appellants' murder convictions upheld; death sentences quashed and substituted with life imprisonment as excessive. Criminal law – Identification evidence – conditions for proper recognition (short distance, prior acquaintance, moonlight/torchlight, voice recognition); Circumstantial evidence and motive – land dispute; Alibi – inconsistencies and contradictions; Sentencing – appellate interference where death penalty is manifestly harsh; Substitution of death by life imprisonment.	27 May 2015
Sekamatte v Uganda (Criminal Appeal No.67 of 2013) [2015] UGCA 98 (27 May 2015) Appellant's challenge to a 32-year murder sentence failed; sentence upheld but commencement date corrected to original date. Criminal law – sentencing – appeal against sentence – manifestly harsh or excessive – diminished responsibility/mental disorder as mitigating factor – reformation as objective of sentencing – commencement of sentence under section 40(6) Criminal Procedure Act – appellate reappraisal of sentencing; noted dissent.	27 May 2015
UGANDA GINNERS & COTTON EXPORTERS ASSOCIATION L T D & ORS VS MUDDU AWULIRA ENTERPRISES L T D (Civil Appeal No. 28 of 2015) [2015] UGCA 96 (27 May 2015) Leave to appeal refused; court fees are statutory and compound interest need not be added to pleadings' value for filing-fee purposes. Civil procedure — security for costs (Order 26 CPR) — discretionary, not determined solely by subject-matter value or likely instruction fees; court fees — statutory regime, strict interpretation, deficiency cured by s.97 Civil Procedure Act; compound interest in pleadings need not be included to compute filing fees; insufficiency of fees does not render suit a nullity; false affidavits justify dismissal of security application; proper route for company plaintiffs is s.404 Companies Act; limitation and statutory-notice issues require separate procedural avenues.	27 May 2015
Bagonza V Uganda (Coa-oo-cr- Cn- 0102 of 2010) [2015] UGCA 99 (22 May 2015) Appellant's convictions quashed for failure to prove arbitrary conduct and financial loss beyond reasonable doubt. Anti‑corruption — abuse of office — requirement to prove arbitrary act prejudicial to employer and abuse of authority; Causing financial loss — requirement to prove act/omission causing actual or inferred loss and requisite mens rea beyond reasonable doubt; Procurement law (PPDA) — non‑compliance does not automatically establish criminal liability when decisions are collective and works executed; Evidentiary standards — Auditor General and Contracts Committee approvals relevant to causation and loss.	22 May 2015
Gahenyi v Uganda (Criminal Appeal 152 of 2009) [2015] UGCA 2020 (22 May 2015)	22 May 2015
Kisembo & Anor Vs Cooperative Bank Ltd (in Liquidation) (Civil Appeal No. 93 of 2010) [2015] UGCA 41 (21 May 2015)	21 May 2015
Kaberuka & Anor V N.K Investments Ltd & Anor (Civil Appeal No. 0080 of 2008) [2015] UGCA 95 (20 May 2015) Appeal dismissed: appellants failed to prove bona fide occupancy, customary tenure or adverse possession; lease valid and not fraudulent. Land law – bona fide occupancy – s.29 Land Act – requirement of registered land and proof of occupation and development. Customary tenure – proof of customary rules and effect of abolition in urban areas. Adverse possession – inapplicability to gazetted road reserves and to occupation contrary to statute. Lease allocation – requirements for valid application and no fraud where company existed at time of grant. Appellate review – reappraisal of evidence on first appeal.	20 May 2015
Mbidde & Anor v The Law Development Centre (Civil Appeal No. 51 of 2013) [2015] UGCA 109 (14 May 2015) Preliminary forensic audit by an educational institution was a valid internal fact‑finding exercise and not obliged to give formal hearings; appeal dismissed. Administrative law — internal fact‑finding vs. tribunal — validity of institution of forensic audit under statutory powers; natural justice — no hearing required at preliminary investigatory stage; functus officio and revocation of academic awards — premature where no final decision; advocate as witness — not prohibited absent evidence of being a witness in the court proceedings.	14 May 2015
Beyaka vs Uganda (Civil Appeal No. 282 of 2010) [2015] UGCA 40 (6 May 2015)	6 May 2015