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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
9 judgments
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9 judgments
Citation
Judgment date
January 2016
Outreach to Africa Ltd Vs Manigamukama (Civil Applicaton No.304 of 2015) [2016] UGCA 41 (27 January 2016)
Court granted conditional stay pending appeal, finding a prima facie case and risk of irreparable harm absent deposit.
Civil procedure — Stay of execution pending appeal — Jurisdiction of Court of Appeal to hear stay where matter not first lodged in High Court — Exceptional circumstances; Criteria for stay: prima facie case/likelihood of success, irreparable harm, balance of convenience, absence of undue delay; Effect of extraction of decree and taxation of costs as basis for risk of execution.
 27 January 2016
Uganda Post Ltd T/A Posta Uganda v Anne Magezi (Civil Application 172 of 2012) [2016] UGCA 96 (25 January 2016)

 

 25 January 2016
Musiitwa Vs Electoral Commission & Anor (Civil Reference No.17 of 2007) [2016] UGCA 89 (19 January 2016)
19 January 2016
Breakers & Partners Uganda Ltd & Anor Vs Attorney General (Civil Appeal No. 14 of 2010) [2016] UGCA 12 (15 January 2016)
Civil Procedure|Appeals and reviews|Re-Hearing An Appeal
 15 January 2016
Kabarole District Land Board v GAPCO (Uganda) Limited (Civil Appeal Number 179 of 2011) [2016] UGCA 101 (15 January 2016)
Court rules appellant's lease refusal was illegal and improper, mandates reassessment of lease renewal.
Lease law – Lease renewal - Principles of natural justice – Judicial review – Certiorari, mandamus, and prohibition in public property lease renewals.
 15 January 2016
Kabarole District Land Board Vs Gapco (U) Ltd (Civil Appeal Number 179 of 2011) [2016] UGCA 4 (15 January 2016)
Board’s refusal to renew lease and secret grant to a third party was procedurally unfair; certiorari and prohibition upheld, mandamus set aside.
Administrative law – Judicial review – Focus on decision-making process, not merits – Illegality, procedural impropriety and lack of hearing may render a public decision ultra vires. Land law – Lease renewal – Land Board’s statutory discretion to grant or refuse renewal; automatic renewal clauses are conditional on compliance with covenants. Remedies – Appropriateness of certiorari and prohibition to quash/prohibit ultra vires decisions; mandamus inappropriate where court would usurp discretionary statutory function.
 15 January 2016
Malinga & 2 Ors Vs Akol (Misc. Application No. 203 of 2015) [2016] UGCA 49 (15 January 2016)
Court granted stay of execution pending appeal, finding a prima facie case and risk of irreparable harm to applicants' possession.
Civil procedure – stay of execution pending appeal – requirements: likelihood of success on appeal, risk of irreparable harm, balance of convenience, absence of unreasonable delay. Customary land – possession, use for cultivation and burial grounds – maintenance of status quo pending appeal. Whether a court order can bind persons who were not parties – prima facie triable issue warranting stay.
 15 January 2016
Kyagwe Coffee Curing Estates Ltd & Anor Vs Lukwajju (Civil Appeal No. 187 of 2014) [2016] UGCA 9 (4 January 2016)
Administrator had standing and proved the land’s mailo origin and alleged illegality of the subsequent freehold registration.
Land law – succession/administrator’s standing to recover estate land; limitation – trespass/recovery periods; land identity – reconciling mailo MRV11/folio and later freehold FRV3/folio registrations; legality of Crown/freehold grants and exceptions to protection of registered proprietors (s.176 RTA); evaluation of documentary evidence versus Registrar/Commissioner testimony.
 4 January 2016
Lubanga Vs Ddumba (Civil Appeal No. 10 of 2011) [2016] UGCA 11 (4 January 2016)
Second appeal barred on factual grounds; appeal struck out and High Court judgment upheld; pleading deficiencies noted.
Civil procedure — Second appeals — Sections 72 and 74 Civil Procedure Act — Second appeal limited to points of law; findings of fact or mixed law and fact incompetent. Defamation — Whether "mentally ill/mad/insane" is defamatory — context and extrinsic evidence. Pleadings — Libel plaint must plead exact words complained of. Privilege — Qualified privilege requires reciprocity of duty/interest; publication to journalist without corresponding interest may be unprivileged and malice defeats privilege. Vicarious liability — Whether defendant acted within scope of employment when speaking to press (mixed question of fact and law).
 4 January 2016