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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.

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Twed Towers along Kafu Road, Nakasero,Kampala.

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https://www.judiciary.go.ug/data/smenu/77//Court%20of%20Appeal.html

3 judgments

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3 judgments


December 2023
Musa Afwerk Tekle v Commissioner Land Registration and 2 Others (Civil Reference 258 of 2020) [2023] UGCA 356 (22 December 2023) Extension of time granted for appeal due to counsel error; injunction refused as damages are ascertainable and balance disfavouring applicant. Civil procedure — Extension of time to appeal — Rule 5 Court of Appeal Rules — mistake by advocate as sufficient reason. Civil procedure — Interim injunction — requirements: prima facie case, irreparable harm, balance of convenience — liquidated sums and possession by third parties defeat injunction. Change of advocates — notice lodged with Registrar confers audience before court absent proof of prejudicial non‑service	22 December 2023
Lukwago Stephen and Others v Jackson W. Kiggundu Kato (Civil Appeal No. 227 of 2023) [2023] UGCA 412 (17 December 2023) Appellants proved fraudulent amalgamation of land; Court voided amalgamation, restored original proprietor and awarded costs. Land law — Registration and titles — Fraudulent amalgamation of registered plots — Effect of fraud on registration (void ab initio); Evidence — burden and standard where fraud is alleged; Limitation Act s.25 — fraud exception to limitation; Registrar of Titles' testimony; locus in quo not mandatory in ownership/amalgamation disputes.	17 December 2023
Hon. Hajji Mohammed Kato Katoto v Justus Kyabahwa (Civil Application No. 1168 of 2023) [2023] UGCA 408 (7 December 2023) Stay of execution refused where appeal lacked prospects, no irreparable harm shown, and applicant failed to offer security. Civil procedure — Stay of execution pending appeal; requirements: promptness, likelihood of success, irreparable harm/substantial loss, balance of convenience, security for due performance. Allegation of forgery/fraud insufficient where based on denial only and no new evidence was available on appeal. Failure or unwillingness to provide security and lack of cogent evidence of irreparable harm weigh against grant of stay	7 December 2023