background image
profile image

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.
28 judgments
  • Filters
  • Judges
  • Alphabet
Sort by:
28 judgments
Citation
Judgment date
October 2020
Court refused interim stay of execution where applicant failed to prove imminent threat of execution despite notice of appeal.
* Civil procedure – interim stay of execution – concurrent jurisdiction of Court of Appeal and High Court – ordinarily first made in High Court; Court of Appeal may intervene in exceptional cases. * Requirements for interim stay – notice of appeal lodged; substantive application pending; absence of undue delay; demonstrable serious and imminent threat of execution. * Evidence – applicant must show extraction of decree, warrant of execution or clear acts amounting to imminent execution; photographs alone may be insufficient.
30 October 2020
Whether respondent was a bona fide purchaser despite appellants' fraudulent procurement of title and defective documents.
Land law; evidence and credibility; Illiterates Protection Act—requirements for translation/certification; fraud in procurement of special certificate of title; bona fide purchaser for value without notice (Registration of Titles Act s.181); limitation—cause of action and discovery.
28 October 2020
27 October 2020
27 October 2020
Application for certification to appeal rejected; bona fide occupancy requires 12 years' personal unchallenged occupation before 1995, not inheritable.
Civil procedure – Certification for final appeal – Rule 39(1)(a) Judicature (Supreme Court) Rules and section 6(2) Judicature Act; Land law – Interpretation of 'bona fide occupant' under section 29(2)(a) Land Act; whether qualifying occupancy (12 years unchallenged before 1995) can be established by inheritance; evidence threshold for certification of matters of public or general importance.
23 October 2020
Applicants failed to show entitlement to appellate intervention or stay pending appeal; application dismissed.
* Civil procedure – jurisdiction and order of hearing – Court of Appeal concurrent jurisdiction but applications for stay should be made first in High Court (Rule 42). * Exceptional intervention – criteria where appellate court may hear application first: substance, unreasonable delay/refusal by High Court, apparent error on face of record. * Stay of execution – requirements: substantive application pending, likelihood of success, imminent threat/irreparable harm, no undue delay. * Mortgage law – injunction against sale of mortgaged property contingent on compliance with Mortgage Regulations (including 30% deposit requirement).
19 October 2020
16 October 2020
16 October 2020
14 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
13 October 2020
An appeal filed after failure to take essential steps and outside the prescribed time is incompetent and will be struck out.
Civil procedure – Striking out appeal – Rule 82 Court of Appeal Rules – failure to take essential step – notice of appeal filed out of time – incompetence of appeal – leave to appeal conditions.
8 October 2020
A letter of bid acceptance under the PPDA does not become a binding contract without a signed written contract and required approvals.
Public procurement – Formation of contract – Letter of bid acceptance vs written signed contract – PPDA Act s.76 and Regulations (regs.225,230,308,132,336) – Valuation/reserve price and cancellation/re-advertisement (regs.315,329(5),334) – Preliminary objection disposing suit.
2 October 2020
2 October 2020
Court struck out a reference against a consent judgment due to procedural incompetence and lack of jurisdiction.
Civil Procedure - Consent judgment - Judicial endorsement - Procedural competence - Jurisdiction - Fraud - Misrepresentation
2 October 2020