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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
6 judgments
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Results. 6 judgments found.

6 judgments
May 1996
  • Civil Procedure|Company Law|Liquidation, insolvency and winding up
17 May 1996
Court upheld ordering security for costs against an impecunious company, reducing the amount to shs. 30 million.
  • Civil procedure — Security for costs — Order 23 r.1 CPR and s.404 Companies Act — factors: prima facie merits, bona fides, admissions, payment into court, oppressive use, causation of impecuniosity — quantum guided by cost estimates/skeleton bill.
17 May 1996
Appointment of receivers and sale of charged land upheld; registered title protected absent fraud; suits dismissed with costs.
  • Security/receivership — validity of appointment under debenture; written requirement satisfied by meeting plus later correspondence; sale by receiver; Registration of Titles Act — registered proprietor protected absent fraud; limitation — contractual claim time‑barred; estoppel by conduct; receiver is agent of mortgagor, not debenture holder.
17 May 1996
Whether an unwitnessed photocopied customary will validly nominated a successor and who qualifies under royal succession rules.
  • Evidence — Secondary evidence — Photocopy of alleged will admissible where original proved lost after diligent search and copy shown genuine; Wills — Customary wills — Attestation requirements may be exempt under succession law for customary instruments; Constitutional/succession law — Schedule 3(2)(3) (1962) construed to permit nomination from among an Omukama’s sons irrespective of mother's status; Succession — Incest allegation not proved; Restoration of traditional rulers — nomination preserved/saved by Interpretation Decree and 1993 restoration statute; Costs — discretionary, where family/community dispute and public interest in reconciliation each party ordered to bear own costs.
17 May 1996
The court upheld that the respondent was validly nominated as successor and dismissed the appeal, but ordered each party to bear own costs.
  • Succession law — definition of 'Royal Family' for nomination; customary nomination by reigning Omukama; admissibility of secondary evidence (photocopy of Will); effect of abolition and later constitutional restoration of traditional rulers; framing of issues and trial court discretion; exercise of discretion as to costs in public interest.
17 May 1996
Court upheld customary nomination and succession but set aside costs order, directing each party to bear own costs.
  • Customary succession — nomination by reigning traditional ruler — validity and effect after constitutional abolition and restoration of kingdoms
  • Evidence — admissibility of secondary documentary evidence (purported will/nomination) where original is lost
  • Civil procedure — framing of issues: timing and prejudice from omissions
  • Costs — exercise of judicial discretion in public-importance disputes and reconciliation considerations
17 May 1996