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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.
30 judgments
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30 judgments
Citation
Judgment date
June 2015
The court held that a prior lease offer from the District Land Board prevails over an unproven customary tenure granted by local elders.
Land law – Customary tenure – Requirements for proof – Priority of competing equitable interests – Authority of District Land Board in land allocation – Lease offers and equitable interest in land
30 June 2015
30 June 2015
Respondent’s later occupation did not defeat appellant’s prior equitable lease offer; customary tenure must be pleaded and proved.
Land law – customary tenure – requirement to plead and prove customary law (Evidence Act s.46); Local Councils/Bataka – limited role (recommendation) where District Land Board holds land; Lease offer – equitable interest; Competing equities – first in time prevails; Scope of second appeal – review of first appellate Court’s application of law and fact.
30 June 2015
Criminal law
30 June 2015
Conviction upheld on proper identification; compensation set aside for lack of reasons; default imprisonment reduced to 12 months.
Criminal law – Identification evidence – familiarity and lighting conditions – appellate re-evaluation of evidence; Compensation orders – requirement to give reasons and evidential basis under Magistrates Courts Act s.197; Sentencing – statutory limit on default imprisonment for fines (Magistrates Courts Act s.180).
25 June 2015
Land
24 June 2015
Civil Procedure|Contract Law
24 June 2015

Criminal law

24 June 2015
Criminal law
24 June 2015
24 June 2015

 

23 June 2015
23 June 2015
19 June 2015
Second appeal incompetent where grounds raise factual issues contrary to section 72; appeal struck out with no costs.
Second appeal — limited jurisdiction under section 72 Civil Procedure Act — second appeal competent only on questions of law; appeals raising factual or mixed issues are incompetent; appellate re-evaluation of evidence; procedure in absentia — unexplained absence and improper adjournment by letter; award of costs where respondent absent.
19 June 2015

Criminal appeal—murder—juvenile offender—shared representation—conflict of interest—conflicting defences—right to fair hearing—procedural fairness—nullity of trial

19 June 2015
18 June 2015
17 June 2015
Appellate court reduced an excessive rape sentence and upheld compensation power but criticized statutory reference and payment timeframe.
Criminal law – Sentence review – appellate interference where sentence is manifestly excessive; credit for pre-trial custody; rape – sentencing range; compensation – power under Trial on Indictments Act s.126; misreference to Penal Code Amendment s.129B (applies to defilement) and inappropriate payment timeframe.
15 June 2015
15 June 2015
Civil Procedure
12 June 2015
Criminal law
12 June 2015
Civil Procedure
12 June 2015
12 June 2015
Civil Procedure
11 June 2015
Civil Procedure
11 June 2015
Civil Procedure
10 June 2015
2 June 2015
A later High Court judge may set aside an interlocutory ex-parte order; res judicata requires a prior final judgment.
Civil procedure – interlocutory orders – ex-parte hearing – setting aside interlocutory order by same court despite change of judge; res judicata – doctrine requires prior final judgment on the merits; change of judicial officer does not create a different court; discretion to enlarge time to file defence and to set aside interlocutory orders in interest of justice.
2 June 2015
A mob participant may be guilty of murder where common intention and lethal conduct are established.
Criminal law – Murder – Common intention in mob attacks (s.20 Penal Code) – Inferring malice aforethought from weapons, injuries and conduct – Sentencing: appellate restraint unless sentence is manifestly excessive or wrong in principle.
2 June 2015
Appeal dismissed: malice and identification established; confession admissible; death sentence confirmed.
Criminal law – Murder – proof of malice aforethought by circumstantial evidence (weapon, mode of killing, injuries); Identification – single witness evidence, voice and night conditions, juvenile witness familiarity and need for corroboration; Confession – admissibility after trial within a trial; Sentencing – appellate restraint on interference with death sentence.
2 June 2015