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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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9 judgments
Citation
Judgment date
April 2016
Kisawuzi Vs DFCU Bank Ltd (Civil Application No. 0064 of 2016) [2016] UGCA 7 (28 April 2016)
Application for injunction and stay dismissed for wrong forum and failure to deposit required 30% security.
Civil procedure — Rule 42 — forum for stay of execution applications; Temporary injunction — prerequisites: prima facie case, irreparable harm, balance of convenience; Mortgage law — Mortgage Regulations 2012, Reg.13(1) — 30% security deposit for adjournment/ interim relief; Court of Appeal jurisdiction under Rule 6(2)(b) to grant injunctions pending appeal.
 28 April 2016
In the Matter of Ithungu & Mbumbu (infant) (Civil Appeal Number 172 of 2015) [2016] UGCA 5 (27 April 2016)
Court quashed travel ban on foreign guardians, allowing relocation abroad subject to welfare safeguards and periodic returns.
Children Law – Guardianship – best interests of the child paramount – welfare report and evidence must be considered; Guardianship for non-citizens – removal abroad permissible if welfare justifies it; Trial court must give reasons for restrictions; Conditions (reports, passports, periodic returns) protect ties with origin country.
 27 April 2016
Akampumuza Vs Makerere University Business School & 2 Ors (Civil Application No. 275 of 2015) [2016] UGCA 47 (26 April 2016)
Applicant granted interim stay of two interlocutory applications pending disposal of substantive strike-out application due to risk of irreparable harm.
Constitutional Court — interim stay of proceedings — prima facie case and probability of success — irreparable harm from delay due to respondents' employment tenure — abuse of process and multiplicity of proceedings — stay pending disposal of substantive strike-out application.
 26 April 2016
Bireete Vs Uganda (Criminal Appeal No. 0079 of 2011) [2016] UGCA 10 (21 April 2016)
Appeal allowed in part: abuse of office acquitted for insufficient proof; embezzlement conviction and sentence upheld.
Anti‑Corruption Act – abuse of office – requirement to prove arbitrary act and forgery beyond reasonable doubt; embezzlement – access to public funds by virtue of office and proof by disappearance/unaccounted withdrawals; judicial bias – real likelihood test; employment in government undertaking – implied contract and donor‑funded posts; appellate review of sentence – interference only if illegal or manifestly excessive.
 21 April 2016
Kaumba Vs Dabule (Civil Application No. 16 of 2016.) [2016] UGCA 40 (14 April 2016)
Applicant granted extension and appeal validated where counsel's procedural mistakes should not be visited on the applicant.
Court of Appeal procedure – extension of time to serve Notice of Appeal and apply for Record of Proceedings; validation of appeal filed with procedural irregularities; non-visitation of counsel's mistakes to client; Article 126(2)(e) – substantive justice over technicalities; relevance of security for costs in extension applications.
 14 April 2016
Adiama Vs Elobu (Civil Application Number 04 of 2009) [2016] UGCA 8 (13 April 2016)
Notice of appeal struck out for failure to comply with mandatory service and proof requirements under the Court of Appeal Rules.
Court of Appeal Rules — service of notice of appeal and proof of service — Rule 82 power to strike out appeals — Rule 83(3) requirement for written application for proceedings and proof of service — irregular affidavits of service ineffective.
 13 April 2016
Kiyaga Vs Segujja & Anor (Civil Application No. 254 of 2015) [2016] UGCA 6 (8 April 2016)
Court consolidated two related appeals under rule 101 as they involved same parties and overlapping legal issues.
Civil procedure – Consolidation of appeals under rule 101 – Appeals involving same parties and similar legal questions – Decision in one appeal affecting another – Consolidation to avoid inconsistent determinations – Costs: each party to bear own costs.
 8 April 2016
Walanyira Vs Kavuya & 2 Ors (Miscellaneous Application. No. 213 of 2015) [2016] UGCA 51 (7 April 2016)
Applicant seeks to admit post-judgment expert and audit reports; single Justice adjourns application to full Court for determination.
Appeal procedure – Admission of additional evidence under Rule 30(1)(b) – Criteria for fresh evidence: newly discovered, relevant, credible, probative, proof attached, no undue delay – Discretion to be exercised by full Court where evidence is critical to appeal.
 7 April 2016
Congo Trading Corporation Ltd Vs Alzahiri (Civil Application No. 191 of 2010) [2016] UGCA 46 (4 April 2016)
Civil Procedure|Appeals and reviews|Notice of Appeal
 4 April 2016