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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.
55 judgments
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55 judgments
Citation
Judgment date
November 2023
Interim stay granted where reference pending and taxation of costs constituted a serious threat of execution.
* Civil procedure – Interim stay of execution – Requirements: competent notice of appeal/reference; substantive application pending; serious threat of execution. * Appellate procedure – Reference from single‑Justice decisions – filing a reference places the single‑Justice application before a three‑Justice panel. * Execution law – Execution is a process; taxation of costs can constitute an imminent threat of execution. * Court of Appeal rules – discretionary power to grant interim relief in aid of substantive justice.
1 November 2023
An implementing roads agency was held jointly liable for construction damage; an Attorney General concession and expert report were binding.
Tort — negligence arising from road construction; binding effect of Attorney General's concession and expert report; judgment on admission; ministerial supervision of statutory agency; limitation not pleaded; Transfer of Assets and Liabilities Regulations 2012 inapplicable to compensation claims.
1 November 2023
A roads authority under ministerial supervision is liable in tort and bound by the Attorney General's adoption of an expert report.
* Civil procedure – Parties are bound by pleadings; limitation cannot be raised as an afterthought in submissions. * Evidence – Judgment on admission (Order 13 r.6) may be entered where a party adopts or procures an expert determination. * Constitutional/administrative law – Opinion of the Attorney General and government technical reports binding on agencies under ministerial supervision. * Tort – Implementing public agency liable in tort for damage caused during public works despite privity of contract with contractor. * Statutory interpretation – Transfer of Assets Regulations 2012 transfer specified physical assets/liabilities; do not cover pre-existing negligence claims.
1 November 2023
Reliable single-witness identification corroborated by recovery evidence upheld conviction; sentence found not excessive.
* Criminal law – Aggravated robbery – participation and identification – proof beyond reasonable doubt by single eyewitness where opportunity to observe and corroborative recovery evidence exists. * Evidence – identification parades – not mandatory where other cogent evidence connects accused to the crime. * Sentencing – appellate interference only where sentence is illegal or manifestly excessive; mitigating factors properly considered.
1 November 2023
Identification by the victim, corroborated by presence in the stolen vehicle and statements, upheld conviction and sentence.
* Criminal law – aggravated robbery – identification by single witness – reliability where moonlight and sufficient observation time exist; identification parade not mandatory where other cogent corroborative evidence exists. * Evidence – statements to police and presence in stolen vehicle as corroboration. * Sentencing – appellate restraint; interference only where sentence illegal or manifestly excessive.
1 November 2023