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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
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November 2016
Kirya Grace Wanzala v Lufafa and Another (Election Petition Application 20 of 2016) [2016] UGCA 92 (15 November 2016)
Court allowed extension to file election appeal documents due to High Court delay in providing certified judgment and record.
Procedure – Election appeals – Extension of time to file memorandum and record of appeal where High Court delayed in availing certified judgment and proceedings; single judge competence to hear extension despite pending strike-out application; court officials’ delay as sufficient cause for extension; election time-limits balanced with fairness.
 15 November 2016
Wanzala v Lufafa and Another (Miscellaneous Application No. 20 of 2016) [2016] UGCA 110 (15 November 2016)
Extension of time granted where High Court’s delay in supplying certified judgment and record prevented timely filing of election appeal documents.
Election law – extension of time to file appeal documents – delay by court officials as sufficient cause. Civil procedure – jurisdiction of single judge to hear extension application despite pending strike-out application. Court of Appeal Rules – Rule 5 permits extension before or after expiry; time limits in election appeals balanced with justice.
 15 November 2016
Uganda Revenue Authority v Rock Petroleum (U) Ltd (Civil Appeal 199 of 2013) [2016] UGCA 95 (8 November 2016)

 

 8 November 2016
Betuco (U) Limited and Another v Barclays Bank (U) Ltd and Others (Civil Appeal No.93 of 2009) [2016] UGCA 108 (7 November 2016)
Consent judgments sealed by court are binding; mediation procedural lapses and lack of seals do not automatically void them.
Civil procedure – Consent judgments: enforceability and grounds for setting aside; Commercial Court Mediation Rules – procedural non‑compliance directory versus mandatory; Mediation confidentiality – privilege of mediation materials; Corporate representation – directors’ authority to bind company in settlements; Requirements to impeach consent judgment (fraud, collusion, misapprehension of material facts).
 7 November 2016
Ssemalulu and Others v Rebecca (Civil Appeal No. 75 of 2009) [2016] UGCA 107 (4 November 2016)
Appellants’ concealment of a potential beneficiary and unreliable witnesses justified revocation of their letters; appeal dismissed.
Succession law – determination of paternity for entitlement to letters of administration – credibility of oral evidence and baptismal certificate vs. late documentary material – refusal to order DNA where witnesses credible – concealment of a potential beneficiary when obtaining letters constitutes fraudulent conduct justifying revocation.
 4 November 2016