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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.
315 judgments
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315 judgments
Citation
Judgment date
December 2019
23 December 2019
20 December 2019
20 December 2019
20 December 2019
20 December 2019
20 December 2019
20 December 2019
20 December 2019
20 December 2019
20 December 2019
19 December 2019
18 December 2019
18 December 2019
16 December 2019
16 December 2019
12 December 2019
12 December 2019
9 December 2019
9 December 2019
9 December 2019
9 December 2019
9 December 2019
9 December 2019
9 December 2019
9 December 2019
9 December 2019
9 December 2019
9 December 2019
9 December 2019
3 December 2019
Court granted interim stay of eviction pending appeal where applicant showed imminent threat and complied with procedural requirements.
Civil procedure — Interim relief — Stay of execution pending appeal — Preservation of right of appeal — Requirements: notice of appeal, substantive application pending, serious threat of execution — Applicant’s uncontested evidence of imminent eviction — Costs to abide outcome.
2 December 2019
2 December 2019
Reliance on affidavits in place of required oral evidence and cross‑examination rendered the trial irregular; retrial ordered.
Civil procedure — Order XVIII & XIX CPR — successor judge must continue trial from stage left by predecessor; oral evidence and cross‑examination required where necessary — affidavit evidence permissible for particular facts but cannot replace oral trial; irregular trial on affidavits alone warrants setting aside judgment and ordering retrial.
2 December 2019
Application to stay execution dismissed for wrong appeal reference and failure to comply with Rule 42(1), with costs to respondent.
* Civil procedure – Stay of execution – applicant must have a proper Notice of Appeal arising from the correct originating suit to obtain stay. * Procedural compliance – Rule 42(1) requires prior High Court application or special circumstances to invoke Court of Appeal’s discretionary relief. * Amendment and clarification – clerical or procedural errors in pleadings must be corrected; unexplained errors render applications incompetent.
2 December 2019

 

2 December 2019
2 December 2019
November 2019
The appeal was dismissed for lack of prosecution; costs awarded to the respondent.
Civil Procedure - Appeal - Dismissal for want of prosecution - Absence of appellant and counsel - Rule 100(1) of the Court of Appeal Rules
27 November 2019
22 November 2019
Appeal dismissed as land claim was time‑barred; inheritance and fraud claims unproven; occupancy remitted for further determination.
Land law – registered land under the Registration of Titles Act; limitation – twelve‑year bar to actions to recover land; proof required to impeach registered title (fraud/forgery); bona fide purchaser for value without notice; entitlement of non‑party – award to non‑party set aside; succession/administration – necessity of probate/letters to establish inheritance; remittal to determine occupation and interim injunction.
22 November 2019
21 November 2019
A caveat provides temporary protection; delay and seeking refund justify its removal against a registered proprietor.
* Land law – Caveat – nature and purpose: temporary/interlocutory protection akin to statutory injunction. * Burden of proof – registered title prima facie evidence; caveator must show sufficient grounds to maintain caveat. * Procedure – caveator obliged to bring ordinary proceedings timeously after lodging caveat. * Delay/dilatory conduct – unexplained delay and pursuit of refund may justify removal of caveat. * Discretion – court must balance convenience between registered proprietor and caveator when granting removal.
21 November 2019
21 November 2019
21 November 2019
20 November 2019
20 November 2019
20 November 2019
19 November 2019
19 November 2019
19 November 2019
18 November 2019