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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.
32 judgments
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32 judgments
Citation
Judgment date
July 2020

 

30 July 2020
30 July 2020
30 July 2020
30 July 2020
24 July 2020
24 July 2020
21 July 2020
Respondents failed to prove customary ownership; boundary survey showed the forest reserve is 1,447.86 ha, so no excess land existed.
Land law – Forest reserves – Boundary plans and gazette acreage – survey evidence overrules approximate Gazette figure; customary tenure – burden of proof – occupancy/custom proof required; Eviction law – status depends on whether land falls within forest reserve; Damages – special and exemplary damages must be strictly pleaded and proved; Public law – amendment of official records and cancellation of irregular freehold offers.
21 July 2020

 

20 July 2020
20 July 2020
20 July 2020
20 July 2020

 

20 July 2020
20 July 2020

 

17 July 2020
17 July 2020
15 July 2020
13 July 2020
13 July 2020
13 July 2020
13 July 2020
13 July 2020
Procedural failure to give proper notice of a disciplinary hearing warranted increased general damages and costs to the appellant.
Employment law – unfair/summary dismissal – compliance with employer’s disciplinary procedure and notice requirement – failure to communicate notice – entitlement to compensation; appellate review of damages – interference only where wrong principle or entirely erroneous estimate.
10 July 2020
7 July 2020
7 July 2020
Registered title stands absent strict proof of fraud; computed survey likely misallocated land, court ordered physical re-survey.
Land law – Registration of Titles Act – Certificate of title generally conclusive; title impeachable only on strict proof of fraud. Land tenure – Land Reform Decree 1975 – customary occupation at sufferance; Uganda Land Commission’s power to grant leases. Survey practice – computation (scaling) versus physical survey: computed boundaries may misallocate adjoining land and warrant resurvey. Civil procedure – appellate review – power to reappraise evidence and substitute orders; amendment of grounds on appeal requires leave.
6 July 2020
Withdrawal of appeal post-hearing requires court’s leave; discretion applied due to Covid-19 pandemic.
Civil procedure - withdrawal of appeal - interpretation of court's procedural rules regarding withdrawal post-hearing and pre-judgment - discretion in exceptional circumstances.
6 July 2020
3 July 2020
2 July 2020
2 July 2020
2 July 2020
2 July 2020