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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.
9 judgments
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9 judgments
Citation
Judgment date
June 2018

 

27 June 2018
Appeal dismissed for want of prosecution where parties absent despite proof of service; no order as to costs.
Civil procedure – dismissal for want of prosecution – parties absent on hearing date despite affidavit of service – discretionary refusal to make an order as to costs.
26 June 2018
Evidence Law|Evaluation of Evidence|Property Law|Land
25 June 2018
The court dismissed the challenge to election results, holding that bribery and irregularities were not sufficiently proved.
Election petitions – Parliamentary election – Requirement to prove bribery and illegal practices – Standard and burden of proof – Necessity of corroboration for accomplice evidence – Election law – Non-compliance affecting results – Procedural defects and res judicata – Evaluation of affidavit evidence.
13 June 2018
Convictions quashed and prosecution stayed because the trial judgment was missing and appellants endured prolonged custody.
Criminal procedure – incomplete record of appeal due to missing trial judgment – appellate court unable to determine merits – convictions quashed and sentences set aside; stay of prosecution ordered where appellants spent prolonged custody; administrative lapse and inordinate delay criticised.
13 June 2018
Court reduced oppressive loan interest, held equitable mortgage and voided fraudulent transfer; purchaser with notice not bona fide.
Civil law – Loan secured by land – unconscionable interest – section 26 Civil Procedure Act – court may reduce oppressive contractual interest; Equity – equitable mortgage – clog on equity of redemption void; Fraud – transfer of mortgaged land while payments ongoing is fraudulent and impeachable; Bona fide purchaser – purchaser with notice of equities cannot claim protection under RTA.
8 June 2018
A long-delayed second appeal was struck out for abuse of process, procedural non-compliance and failure to appoint legal representatives after deaths.
Court of Appeal — Delay and abuse of process — Strike out under Rule 2(2) — Death of parties and joinder of legal representatives under Rule 85(2) — Second appeal limited to points of law under Section 72, Civil Procedure Act.
4 June 2018
Civil Remedies|Costs|Evidence Law|Burden of Proof
1 June 2018
Attachment of Property|Execution by Bailiff|Sale of Property|CL
1 June 2018