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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
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http://www.judiciary.go.ug/data/smenu/7/Supreme
8 judgments
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8 judgments
Citation
Judgment date
August 1996
Sugar Corporation of Uganda Limited v Kanabolic Group of Companies Limited (Civil Appeal 57 of 1995) [1996] UGSC 33 (16 August 1996)
Application to set aside arbitral award barred by res judicata; arbitrator lawfully extended time to make award.
Arbitration law — extension of time to make award — Paragraph 3, First Schedule to Arbitration Act; incorporation by section 4 of the Act. Civil procedure — res judicata — Section 7 Civil Procedure Act — later application barred where issues substantially the same as earlier decided application. Procedural illegality — allegation must be raised in earlier proceedings when available.
 16 August 1996
Sugar Corporation of Uganda Ltd. v Kanabolic Group of Companies Ltd. (Civil Appeal No. 57 of 1995) [1996] UGSC 40 (16 August 1996)
An application repeating a prior challenge to an arbitration award is barred by res judicata; arbitrators may lawfully extend award time under the Act.
Civil procedure – res judicata – subsequent application raising issues that could have been raised in earlier proceeding barred where matter was directly and substantially in issue previously. Arbitration law – Arbitration Act s.4 and First Schedule para.3 – implied terms in submissions permit arbitrator, by writing, to enlarge time for making award. Jurisdiction – extension of time by arbitrator under First Schedule not a jurisdictional defect; no illegality in award for time extensions.
 16 August 1996
Allibhai v Bukenya & Another (Civil Appeal 56 of 1996) [1996] UGSC 17 (15 August 1996)

 

 15 August 1996
Fred Kamanda v Uganda Commercial Bank [1996] UGSC 10 (15 August 1996)
Civil Procedure
 15 August 1996
Mohammed Allibhai v W.E Bukenya,Departed Asian property Custodian Board [1996] UGSC 13 (15 August 1996)
A non‑party cannot review a consent judgment unless he is an aggrieved person with locus standi.
Civil procedure – Review of consent judgments – Locus standi of third parties – "Aggrieved person" requirement under Order 42 r.1(b) CPR and ss.83 & 101 CPA; Consent judgments – grounds for setting aside (fraud, collusion, mistake of fact or law) – burden to plead/prove; Letters of administration – effect on standing to sue; Re-entry and proprietary rights under lease not affected by consent between other parties.
 15 August 1996
Sugar Corporation of Uganda Limited v Kanabolic Group of Companies Limited (Civil Appeal 57 of 1995) [1996] UGSC 29 (15 August 1996)
A later application to set aside an arbitration award was barred by res judicata; the arbitrator lawfully extended time to award.
Civil procedure – res judicata – subsequent application to set aside arbitration award barred where same matter was heard and finally decided earlier. Arbitration – jurisdiction – power of arbitrator to enlarge time for making award – Paragraph 3, First Schedule implied by Section 4 of the Arbitration Act. Procedure – failure to raise alleged illegality in earlier proceedings precludes re‑raising same issue in subsequent like proceedings.
 15 August 1996
Kalani v Kaur (Civil Appeal 22 of 1995) [1996] UGSC 25 (9 August 1996)

 

 9 August 1996
Stephen Kalani v Satwant Kaur [1996] UGSC 16 (9 August 1996)

 

 9 August 1996