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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
3 judgments
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3 judgments
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Judgment date
October 1999
Nsubuga & 3 Others v Kamuje (Civil Application 31 of 1997) [1999] UGSC 38 (7 October 1999)
7 October 1999
Banco Arabe Espanol v Bank of Uganda (Civil Appeal 8 of 1998) [1999] UGSC 1 (5 October 1999)
Counsel's mistaken belief and genuine international transfer delays constituted sufficient cause to set aside dismissal for failure to furnish security for costs.
Civil procedure — Security for costs — Order 23 r.2(2) — Setting aside dismissal for failure to furnish security — "Sufficient cause" — Mistake by counsel and international transfer delays may constitute sufficient cause. Appeals — Role of first appellate court — Duty to re‑appraise affidavit evidence on appeal from High Court exercising original jurisdiction. Discretion — Appellate interference — Court should not overturn trial judge's discretionary reinstatement unless exercise was unjudicial or plainly wrong. Evidence — Opposing affidavit must disclose means of knowledge; failure may render it defective.
 5 October 1999
Kisugu Quarries Limited v Administrator General (Civil Appeal 10 of 98) [1999] UGSC 28 (5 October 1999)
A lease granted without required ministerial consent is void ab initio and cannot be salvaged by a repossession certificate.
Land Transfer Act s.2 – mandatory ministerial consent for non‑African acquisitions; illegality of contracts – nullity ab initio; Expropriated Properties Act – repossession certificate cannot create rights where none existed; standard of proof – balance of probabilities; conduct (receipt of rent/re‑entry) cannot validate illegal lease.
 5 October 1999