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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.
20 judgments
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20 judgments
Citation
Judgment date
June 2024
The court upheld a 35-year sentence for a soldier's murder charge, finding no harshness or excessiveness in it.
Criminal law – sentencing – appeal against sentence for murder and attempted murder – soldier's misuse of position – concurrent sentencing for multiple charges.
28 June 2024
Appeal regarding procedural errors and evidence credibility in a murder trial dismissed; life sentences upheld.
Criminal Law – Murder – Procedural Fairness – Identification Evidence – Sentence Appropriateness.
28 June 2024
Appellants' life imprisonment for murder upheld despite claims of procedural irregularities and unreliable witness identification.
Criminal procedure - fair trial rights - procedural irregularities - identification evidence - evidence handling - mitigation in sentencing.
28 June 2024

 

28 June 2024

 

27 June 2024

 

26 June 2024

 

18 June 2024
Conviction for intermeddling upheld; eviction order vacated as appellant lacked honest claim and eviction was not an appeal issue.
Criminal law – Intermeddling with estate – elements and evidential basis for conviction. Defence of claim of right (s.7 Penal Code Act) – requires honesty and lack of intent to defraud; unavailable where title registration and benefit indicate dishonesty. Administrator General's Act s.11(1) – preservation defence not applicable where conduct amounts to property grabbing. Appellate review – scope of re-evaluation of trial evidence on second appeal. Procedure – appellate court lacks power to make eviction orders not raised at trial or on appeal.
14 June 2024
Appeal dismissed: identification by single witness was reliable and the sentence was not manifestly excessive.
Criminal law – Identification evidence – single identifying witness – factors for correct identification (length of observation, lighting, familiarity, proximity) – caution where single witness evidence relied upon. Criminal procedure – Identification parade – failure to hold parade not fatal where other evidence connects accused to crime. Sentencing – appellate restraint – sentence disturbed only if illegal or manifestly excessive; consideration of mitigating/aggravating factors and remand deduction.
14 June 2024
Identification and parade irregularities plus absent ballistic linkage undermined aggravated robbery conviction; conviction substituted for two attempted robberies and resentenced.
Criminal law – Visual identification evidence – Caution required where multiple assailants and frightened witnesses; Identification Parade must follow established guidelines – Procedural irregularities can invalidate parade evidence; Circumstantial evidence – must be incompatible with innocence and exclude other reasonable hypotheses; Assessors – omission to administer oath is irregular but may not vitiate trial absent miscarriage of justice; Appeal powers – substitution of conviction and resentencing on lesser/related offences permitted.
14 June 2024
14 June 2024

 

13 June 2024

 

13 June 2024

 

13 June 2024

 

11 June 2024

 

10 June 2024
Appellate court set aside illegal sentences for failing to deduct remand time and re-sentenced accordingly.
Criminal law – Sentencing – Failure to account for remand period – Article 23(8) Constitution mandatory – Appellate re-sentencing under Section 11 Judicature Act – Interference with sentencing discretion where wrong principle or omission.
7 June 2024
Plea-bargained 20-year concurrent sentences upheld; court found waiver, remand consideration under pre-Rwabugande law, and no miscarriage of justice.
Plea bargain procedure – waiver and court’s duty to ensure accused understands agreement; Remand credit – Article 23(8) and non-retrospectivity of Rwabugande; Appeal scope in plea bargains limited to legality or severity and evidence of miscarriage of justice; Sentencing consistency and deference to mutually agreed plea-bargained sentences.
7 June 2024
Conviction upheld on credible eyewitness and weapon recovery; death sentence set aside and substituted with lengthy imprisonment.
Criminal law – Murder – Eyewitness identification – Known witnesses observing in broad daylight – minor inconsistencies not fatal to conviction. Evidence – Recovery of alleged murder weapon from accused’s house same day – corroborative despite absence of blood analysis. Defence – Alibi – properly rejected where prosecution evidence places accused at scene and conduct indicates guilty conscience. Sentencing – Death penalty discretionary post-Kigula – reserved for rarest/worst cases; appellate court may substitute term imprisonment for excessive death sentence. Sentencing consistency – mitigation (youth, first offender) and aggravation (brutality) balanced; pre-trial custody deducted.
7 June 2024

 

5 June 2024