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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.
Visit website
https://www.judiciary.go.ug/data/smenu/77//Court%20of%20Appeal.html
7 judgments
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7 judgments
August 2018
Deluxe Enterprises Limited v Uganda Leasing Co. Limited (Civil Appeal No. 13 of 2004) [2018] UGCA 71 (29 August 2018)
Clause accelerating future rentals in a finance lease was held not to be a penalty and was enforceable as damages.
  • Contract law
    • — Penalty clauses — Validity of termination sum including accelerated future rentals in finance leases — Legitimate interest test from Cavendish Square and ParkingEye
    • — Lease finance — Recoverability of arrears, future rentals, repossession and funding costs as damages
  • Civil procedure — Counterclaim — Hearing on agreed facts and written submissions suffices for opportunity to be heard
29 August 2018
Jetha Brothers Limited v Mbarara Municipal Council & 4 Ors (Miscellaneous Application No. 267 of 2018) [2018] UGCA 72 (27 August 2018)
  • Civil Procedure|Actions and applications
27 August 2018
Muluba Farm Limited v Mugisha Nyarikindi (Civil Appeal 50 of 2010) [2018] UGCA 240 (14 August 2018)
Appeal allowed: trial judge erred by dismissing ejectment claim against registered proprietor and by deciding matters on dehors‑pleading material.
  • Land law — Registered certificate of title not an absolute bar to ejectment; exceptions under the Land Act (fraud, misdescription, prior certificate) — Civil procedure — determination on preliminary points and reliance on documents dehors the pleadings — appellate review of factual and legal findings.
14 August 2018
Nantale v Attorney General & 2 Ors (Civil Application No. 286 of 2014) [2018] UGCA 70 (14 August 2018)
  • Registrar|Consent Order|Jurisdiction|CL
14 August 2018
Okello Geoffrey v Hospital Management Board Lira Regional Referral Hospital (Civil Appeal No: 265 of 2016) [2018] UGCA 254 (14 August 2018)
Consent order preserving a 10‑metre strip of suit land and permitting construction outside it pending appeal judgment.
  • Consent order — interim/status quo relief — preservation of a 10‑metre strip of suit land pending appeal — limited authorisation to continue construction outside preserved area — parties directed to meet to implement order.
14 August 2018
Juma Muwonge v Uganda (Misc. Criminal Application No. 38 of 2017) [2018] UGCA 60 (3 August 2018)
  • Criminal law
3 August 2018
Tushabe v Co-operative Bank Limited (Civil Appeal No. 75 of 2005) [2018] UGCA 265 (2 August 2018)
Court upheld general damages for bank's breach and interest from date the overdraft became due; appeal dismissed.
  • Banking law — breach of fiduciary duty — general damages discretionary; Interest — accrual from date debt became due and owing where amount is ascertainable; Contractual overdraft terms govern applicable interest rate; Appellate review — re-evaluation of evidence and limits on vague grounds of appeal.
2 August 2018