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Supreme Court of Uganda

The Supreme Court of Uganda is the highest judicial organ in Uganda. It derives powers from Article 130 of the 1995 constitution. It is primarily an appellate court with original jurisdiction in only one type of case: a presidential election petition.

The Supreme Court is headed by the chief justice nd has ten other justices. The quorum required for a court decision varies depending on the type of case under consideration. When hearing a constitutional appeal, the required quorum is seven justices. In a criminal or a civil appeal, only five justices are required for a quorum.

 

Physical address
Plot M105, Kinawataka Road, Mbuya 1, Kampala, Uganda
30 judgments
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30 judgments
Citation
Judgment date
December 1990

 

24 December 1990

Civil Procedure|Appeals and reviews

17 December 1990
November 1990
Civil Procedure|Appeals and reviews
16 November 1990

 

2 November 1990

 

2 November 1990
Criminal law|Evidence Law|Evaluation of Evidence
1 November 1990
October 1990

 

26 October 1990

Criminal law|Evidence Law|Evaluation of Evidence

25 October 1990
Criminal law
25 October 1990
Civil Procedure|Appeals and reviews
4 October 1990
Court struck out a defective notice of appeal for procedural non‑compliance and allowed a stay pending appeal where security and preservation of the subject matter were justified.
• Civil procedure – Appeals – compliance with rules for lodging record of appeal and requesting preparation of proceedings – failure to comply renders notice of appeal liable to be struck out. • Civil procedure – Stay of execution – Court of Appeal’s discretion under Rule 5(2)(b) to stay execution pending appeal and to set appropriate terms; Order XXXIX CPR applies to appeals to the High Court, not from it. • Security for stay – whether security condition was by consent or judge’s order; acceptance of subject-matter (machinery) as reasonable security to prevent appeal becoming nugatory. • Restraint order – injunctive relief to preserve status quo pending appeal.
4 October 1990
September 1990
Criminal law
11 September 1990
July 1990
Absence of consent under Public Lands Act makes lease transfer voidable; controlling authority enforces covenants.
Public Lands Act s.22(5)(c) – statutory consent for assignment/subletting – absence of consent renders transfer voidable, not void ab initio – covenant enforceable by controlling authority only; Lease covenants – breach by subletting without consent and non‑payment of rent – forfeiture and equitable relief; Registration of Titles s.184 – limits on lessee’s right to sue registered proprietor for ejectment; Costs – appellate interference where trial judge misapplied discretion.
18 July 1990
April 1990
30 April 1990
Criminal law|Evidence Law|Evaluation of Evidence|Review of Evidence
30 April 1990

 

9 April 1990
February 1990
Appellate court may grant a stay pending appeal in exceptional cases despite absence of prior High Court application.
Civil procedure — stay of execution pending appeal — Rule 41 and concurrent jurisdiction — appellate inherent jurisdiction to grant stay where trial court refused or manifestly erred — procedural forms (s.101 CPA, motion on notice, Order XLVIII).
12 February 1990
The Court of Appeal can grant a stay of execution even if previously refused by the High Court.
Civil procedure - Stay of execution - Concurrent jurisdiction of Court of Appeal when High Court refuses stay.
12 February 1990
12 February 1990

 

9 February 1990

 

2 February 1990
January 1990

 

31 January 1990

 

31 January 1990

 

31 January 1990

 

31 January 1990
Concession by defence and credible identification evidence upheld convictions and death sentence; appeal dismissed.
Criminal law – Aggravated robbery – sufficiency of findings; Identification evidence – assessment of credibility and opportunity to observe; Defence concession binding on appeal unless exceptional circumstances; Assessors’ disagreement and lack of exhibits do not necessarily render verdict unsafe.
30 January 1990

 

8 January 1990

 

8 January 1990
Conviction quashed where vital evidence was improperly admitted and prosecution failed to prove aiding and abetting beyond reasonable doubt.
Criminal law – evidence – use and limits of section 64 (preliminary hearing) to admit agreed evidence; Evidence Act s.30(b) – conditions for admitting unavailable witness statements; admissibility and voluntariness of extra‑judicial/confessional statements; necessity to call vital witnesses for cross‑examination; sufficiency of evidence to prove aiding and abetting murder; miscarriage of justice where conviction rests on improperly admitted evidence.
7 January 1990
Criminal law
7 January 1990