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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.

 

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Plot M105, Kinawataka Road, Mbuya 1, Kampala, Uganda
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http://www.judiciary.go.ug/data/smenu/7/Supreme
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February 1991
American Express International Banking Corporation v Atul (Civil Appeal 5 of 1985) [1991] UGSC 17 (27 February 1991)

 

 27 February 1991
Eridadi v The Attorney General (Civil Appeal 6 of 1990) [1991] UGSC 16 (27 February 1991)
27 February 1991
Kanyara v Ahmed (Civil Appeal 1 of 1990) [1991] UGSC 26 (27 February 1991)
A long‑held municipal temporary licence plus significant improvements can create an equitable proprietary interest requiring compensation; fraud and nullification of municipal grants require high proof, and rent arrears must be recalculated under the Currency Reform Statute.
Public/local land allocations – Temporary Occupation Licence (T.O.L.) – licence coupled with equity – when licence and long expenditure create equitable proprietary rights enforceable against successors. Tenancy and occupation – effect of prior tenancy/licence on later allocation by municipal authority. Fraud – high standard of proof required to vitiate title; mere application for T.O.L./lease not proof of fraudulent usurpation. Land law and statutory change – effect of Currency Reform Statute 1987 on computation of rent arrears. Procedure – joinder/participation of municipal authority and remittal for consequential relief.
 27 February 1991
Kanyara v Hassan Ali Amhed [1991] UGSC 6 (27 February 1991)
Contract Law|Parties to contract|Privity of Contract|Property Law|Land|Leases and tenants|Lease
 27 February 1991
Oboth v The New Vision Printing & Publishing Cooperation [1991] UGSC 7 (27 February 1991)
Civil Remedies|Damages|Exemplary Damages
 27 February 1991
Oboth v The New Vision Printing & Publishing Corporation (Civil Appeal 12 of 1990) [1991] UGSC 23 (27 February 1991)

 

 27 February 1991
Sewanyana v Aliker (Civil Appeal 4 of 1990) [1991] UGSC 8 (27 February 1991)

Property Law|Land|Leases and tenants|Lease

 27 February 1991
Wasswa Semukutu & Co Ltd v Ochola & 3 ors [1991] UGSC 10 (27 February 1991)
Civil Procedure|Actions and applications|Conduct of proceedings
 27 February 1991
Luyinda v Ochen (Civil Appeal No. 4 of 1990) [1991] UGSC 29 (21 February 1991)
Appeal dismissed: a lease and certificate issued while an existing leasehold subsisted were invalid; no proven fraud.
Land law – grant of lease and certificate of title – validity where prior leasehold subsists – Commission and District Land Committee duties – availability of land for leasing – Registration of Titles Act – fraud unproven.
 21 February 1991
Nansio Micah v Walakira (civil Application no. 9/90) [1991] UGSC 32 (6 February 1991)
Superior court may grant interim stay of execution despite appeal to a higher court; defective notice not automatically fatal if substantial compliance shown.
• Civil procedure – Stay of execution pending appeal – Jurisdiction of superior courts to grant stay – Generally stay should be sought from court which issued decree but superior court may grant interim relief in exceptional circumstances. • Civil procedure – Notice of appeal – Requirement to state respondent’s address for service – Non-compliance not necessarily fatal; substantial compliance and affidavit evidence may cure defect. • Civil procedure – Procedural prerequisites for stay – formal application on affidavit, proof of appeal, arguable case, risk of irreparable harm.
 6 February 1991