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
September 2015
Nakiyingi Vs Nsobani (Civil Appeal No.44 of 2008) [2015] UGCA 75 (28 September 2015) Declaratory action to rectify a mistaken special certificate is not time‑barred; certificate cancelled and rectified; appellant held constructively fraudulent. Limitation Act – Section 5 inapplicable to declaratory actions to rectify title; Registration of Titles – special certificate not conclusive where issued in error or in circumstances of fraud/mistake; Equity – constructive/passive fraud bars reliance on mistaken title; Remedies – cancellation/rectification of certificate, resurvey or compensation; Trespass – only person in possession may sue; Caveats lapse after rectification.	28 September 2015
Naveed Ahmed v Uganda (Criminal Appeal No.129 of 2015) [2015] UGCA 116 (28 September 2015) Application to adduce fresh evidence on appeal dismissed for failure to meet Ladd v Marshall criteria. Criminal procedure – Additional evidence on appeal – Rules 30(1)(b) & 43(1)(b) – Ladd v Marshall criteria applied – Evidence must be unobtainable with reasonable diligence, probably affect outcome, and be apparently credible – Confession/recantation by co-accused who admits lying is generally not credible – Documentary evidence obtainable earlier cannot justify reopening.	28 September 2015
Nkunyingi & Anor v Uganda (Criminal Appeal No. 217 of 2012) [2015] UGCA 2017 (28 September 2015) Convictions entered without an Adan-compliant statement of facts are invalid; retrial ordered for the appellants. Criminal procedure – Plea of guilty – Adan v R procedure – necessity of reading and recording statement of facts to ensure unequivocal plea – defective plea invalidates conviction and sentence – retrial ordered.	28 September 2015
Nsubuga & Anor v Uganda (Criminal Appeal No.064 of 2008) [2015] UGCA 2018 (23 September 2015) Second appeal: transfer form found forged; land title is property; convictions for forgery, false uttering and false pretences reinstated. * Criminal law – Forgery and uttering a false document – completed statutory form can be a legal document and tell a lie about itself; forgery and uttering proven by handwriting expert evidence. * Criminal law – Obtaining property by false pretences – a land title document constitutes "property" capable of being obtained by false pretences. * Criminal law – Conspiracy – common intention and concert of action supported conviction for conspiracy to commit felony. * Appeals – Second appeal limited to questions of law but may interfere where no evidence supports factual findings. * Sentencing and compensation – appellate enhancement of sentence and compensation order upheld where legally justified.	23 September 2015
Semwo Construction Company v Rukungiri District Local Government (Civil Appeal 68 of 2010) [2015] UGCA 2022 (21 September 2015)	21 September 2015
Anderson Investments Ltd v Pan Afric Impex Ltd & Anor (Misc. Application No.107 of 2015) [2015] UGCA 72 (10 September 2015) Application for leave to appeal out of time dismissed for want of prosecution after prolonged delay and non-appearance. Civil procedure – extension of time to appeal – application dismissed for want of prosecution under Rule 56 – prolonged delay (2½ years) and repeated non-appearance by applicant’s counsel – corporate litigant’s duty to supervise prosecution – costs awarded to respondent.	10 September 2015
Asiimwe v Monitor Publications Ltd (Civil Appeal Number 76 of 2009) [2015] UGCA 2043 (10 September 2015) Allegation of connivance in theft was defamatory; defendant failed to prove justification and damages awarded. Defamation – identification of the 'sting' of publication; defence of justification (truth) – requirement to prove commission of crime strictly where libel imputes criminality; evidence of arrest versus proof of guilt; mitigation by prior reputation limited.	10 September 2015
Turyahikayo v Attorney General (Misc. Application No.139 of 2015) [2015] UGCA 2019 (10 September 2015) An interim stay of IGG/DPP investigations requires evidence of imminent execution or irreparable harm, which was not shown here. * Administrative law – interim stay of execution – requirements: pending substantive application with notice of appeal and serious threat of execution; discretionary relief. * Constitutional law – separation of functions – limits to judicial interference with IGG and DPP investigative/prosecutorial mandates absent evidence of irreparable harm. * Civil procedure – applicant must show prima facie/triable issues plus imminent risk, not mere speculation.	10 September 2015
Kabanda v Uganda (Criminal Appeal No.228 of 2012) [2015] UGCA 70 (7 September 2015) Conviction based solely on a single inconsistent identification was unsafe and therefore set aside. Criminal law – Identification evidence – Single identifying witness – reliability and material inconsistencies with prior statement; need for corroboration before convicting; appellate re-evaluation of evidence; conviction unsafe and set aside.	7 September 2015
The Commissioner Customs Uganda Revenue Authority v Kirenga Fred (Civil Appeal No. 51 of 2014) [2015] UGCA 2035 (3 September 2015)	3 September 2015
Mukasa v Uganda (Criminal Appeal No.166 of 2011) [2015] UGCA 69 (1 September 2015) Conviction for obtaining land registration by false pretences upheld despite no Registrar or medical expert testimony. * Criminal law – obtaining registration by false pretences – elements: procuring registration by false representation; proof of registration; agency and culpability. * Evidence – proof of mental capacity – when lay testimony familiar with the person may suffice in absence of medical records. * Evidence – necessity of calling public official (Registrar of Titles) – registration may be proved by certificate and admissions; Registrar’s state of mind not essential. * Agency – presenting false documents through lawyers does not exonerate the principal.	1 September 2015