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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.
24 judgments
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24 judgments
Citation
Judgment date
August 2020
28 August 2020

 

28 August 2020

 

28 August 2020
Applicant failed to prove sufficient cause to restore a dismissed application; reinstatement denied and no costs ordered.
Civil procedure — restoration of dismissed application under Rule 56(3) — "sufficient cause" and burden of proof — affidavits, hearsay and contradictions — compliance with service requirements (Rule 50(5)) — negligence, inaction and bona fides.
26 August 2020
Second appeal dismissed: concurrent factual findings on a written gift inter vivos upheld; appeal confined to questions of law.
Civil procedure – Second appeal – Section 72 Civil Procedure Act – Second appeal limited to questions of law; factual or mixed grounds struck out; concurrent findings of fact upheld where supported by evidence. Land law – Gift inter vivos – written deed and witness evidence sufficient to support declaration of ownership.
25 August 2020
Dying declarations and corroborative circumstantial and forensic evidence upheld murder conviction; accident defence rejected.
Criminal law – Murder – malice aforethought inferred from circumstantial evidence; Evidence – dying declarations admissibility and weight; Evidence – corroboration of dying declarations not mandatory but desirable; Criminal procedure – burden and standard of proof; Defence of accident – assessment against expert and forensic evidence; Locus visit – not fatal where no miscarriage of justice.
24 August 2020
24 August 2020
24 August 2020
19 August 2020
18 August 2020
Appellate court excluded secondary document evidence for want of original but upheld concurrent findings of ownership and trespass.
Land law – ownership dispute – admissibility of secondary evidence (Evidence Act s.64(1)(a)) – requirement to compel production of original; Stamp Duty Act – instrument inadmissible if unstamped – objection should be raised at trial; scope of second appeal – interference with concurrent findings of fact; locus in quo inspection and weight of evidence; costs awarded.
18 August 2020
17 August 2020
Court refuses stay pending appeal over contested land title; caveat removal governed by s.140 and fraud allegations inadequately pleaded.
Appeal — Stay of execution — Criteria for interim stay (Omolo Ndiege principles) — Jurisdiction to hear stay applications — Caveats and section 140 Registration of Titles Act — Competence of judicial review for private land disputes — Requirement to plead and prove fraud.
10 August 2020
10 August 2020
10 August 2020
10 August 2020
Application for stay of execution dismissed as overtaken by subsequent Supreme Court judgment; no order as to costs.
* Civil procedure – Stay of execution – Application for stay of Court of Appeal judgment rendered moot by subsequent Supreme Court judgment – Application dismissed as overtaken by events. * Mootness/overruled by events – Subsequent appellate determination removes purpose of interlocutory relief.
10 August 2020
7 August 2020
7 August 2020
7 August 2020
7 August 2020
6 August 2020
6 August 2020
An oral 8% fee agreement for tax consultancy was upheld by conduct; respondent entitled to fees and interest; appeal dismissed.
Contract — oral agreement for remuneration by percentage — conduct constituting acceptance; Tax consultancy — completion of assignment evidenced by correspondence and URA communications; Commercial dispute — High Court jurisdiction to award interest; Civil burdens — party who alleges must prove on balance of probabilities; Interest — discretionary award on commercial claims (majority upheld 21% p.a.; one judge would reduce rate).
3 August 2020