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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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June 2000
Francis Rutagarama Bantariza v Habre Intern.Trading co.ltd (Civil Application 14 of 1999) [2000] UGSC 4 (14 June 2000)

 

 14 June 2000
Kanyomozi v Motor Mart(U) Ltd (Civil Appeal 15 of 1995) [2000] UGSC 27 (14 June 2000)
Whether the applicant waived or was estopped from suing for delayed repairs—court held no and awarded damages.
Contract law – repair contracts – implied term that work be done within reasonable time where no express time stipulated – delay and breach. Waiver and estoppel – distinction: waiver requires agreement to relinquish rights; estoppel requires representation relied upon – neither proved where plaintiff simply forbeares to sue. Notice making time of the essence – not mandatory where no express term; innocent party not obliged to give fresh notice before suing. Remedies – appellate power to assess damages where trial court made sufficient factual findings and litigation protraction makes remittal undesirable.
 14 June 2000
Muluta Joseph v Katama Sylvano [2000] UGSC 12 (14 June 2000)
Whether the appellant proved a lawful customary kibanja (mailo owner’s consent) and whether his deposit must be refunded.
Land law – customary kibanja – requirement of mailo owner’s consent under the Busuulu and Envujjo Law (1928) – burden of proof; Appellate review – re‑evaluation of evidence where trial judge failed to scrutinise conflicting evidence; Contract – oral sale and deposit – refundability and unjust enrichment when vendor repudiates sale; Demolition – lawfulness of clearing illegal structures under court warrant.
 14 June 2000
Yonasani B.Kanyomozi v Motor Mart(U) Ltd [2000] UGSC 14 (14 June 2000)
Whether the applicant waived contractual rights or needed to make time of the essence before suing for breach of a repair contract.
Contract law – repair contract – implied term that performance be within reasonable time where no time stipulated; failure to repair within reasonable time amounts to breach. Waiver and estoppel – distinct doctrines: waiver is contractual (requires agreement); estoppel is evidentiary (requires representation relied upon); neither was proved. Time of the essence – where no express time stipulated, innocent party need not give notice making time of the essence before suing. Civil appeals – appellate assessment of damages appropriate where findings permit and interests of justice justify final determination.
 14 June 2000
Ssebakijje v Uganda (Criminal Appeal 6 of 2000) [2000] UGSC 32 (1 June 2000)

 

 1 June 2000