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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.
5 judgments
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5 judgments
Citation
Judgment date
May 2016
Appellants’ convictions quashed: prosecution failed to prove actual financial loss, conspiracy or theft; procedural omission not fatal.
Criminal law – Causing financial loss – Actual loss required; regulatory definition under SI No. 43 of 2005; potential loss insufficient. Criminal law – Conspiracy to defraud – Elements: agreement, deceit/fraudulent means, person defrauded. Criminal law – Theft – bank-customer payments against uncleared cheques may create civil overdraft, not theft absent deception or criminal intent. Procedure – Trial on Indictments s.73 – duty to inform accused of rights; omission not necessarily fatal. Appeal – first appellate court’s duty to re-evaluate evidence and reach own conclusions.
26 May 2016
A co-accused’s retracted confession may be admissible against the appellant but is weak and requires corroboration; second appeal limited to law.
Criminal appeal – limitation under Section 45(1) CrPC to matters of law – striking out factual grounds; Evidence – admissibility of a co-accused’s retracted extra-judicial statement/charge and caution against a co-accused; Confession evidence – weakest form requiring caution and corroboration; Appellate review – scope of re-evaluation on second appeal; Sentence execution – appeal does not stay execution, revocation of fine option under Section 11 Judicature Act; Enforcement of compensation and referral to Law Council for professional misconduct.
25 May 2016
Certificate granted to appeal key questions on applicable law and validity of pre‑1998 kibanja transactions affecting many occupants.
• Judicial procedure – Certification under s.6(2) Judicature Act – when appeal raises a matter of law of great public or general importance.• Land law – applicable law to pre-1998 kibanja transactions – Land Reform Decree 1975 v. Land Act 1998.• Land law – interpretation of Land Reform Decree s.4 (notice v. consent) and effect on validity of kibanja sales.• Property law – legal consequences of a void sale for subsequent purchasers and entitlement to eviction.• Public law – certification where decision affects large numbers of occupants and where precedents appear conflicting.
23 May 2016

 

13 May 2016

 

9 May 2016