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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
20 judgments
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20 judgments
Citation
Judgment date
November 2001

Evidence Law|Evaluation of Evidence

22 November 2001
Criminal law
22 November 2001
October 2001
Whether partial success entitles the appellant to costs; court discretion under s.27 and cross-appeal requirement to vary damages.
Civil procedure – Costs – Section 27(1) Civil Procedure Act – costs follow event unless court for good reason orders otherwise – discretion to deny costs on partial success; Appeals – scope of appellate review – requirement for cross-appeal to challenge variation of Court of Appeal order; Evidence – hearsay document admitted by consent – admitted facts need not be otherwise proved; Damages – appellate interference with trial court’s assessment only where wrong principle or inordinate award.
2 October 2001
September 2001

 

20 September 2001
Criminal law|Evidence Law|Evaluation of Evidence
19 September 2001
2 September 2001
August 2001

 

15 August 2001
Criminal law|Evidence Law|Review of Evidence
15 August 2001
14 August 2001
July 2001
Petitioner proved some irregularities and localized intimidation but failed to show these substantially affected the presidential election result; petition dismissed.
Presidential election petition — statutory non‑compliance (publication of polling stations; supply/display of voters’ registers) — principles of free and fair elections — evidence by affidavit; standard: "proved to the satisfaction of the Court" — proof of substantial effect on result required — illegal practices: agency and knowledge/consent essential — localized intimidation by security forces proved but not sufficient to annul election.
6 July 2001
June 2001
1 June 2001
April 2001

 

21 April 2001
March 2001
Criminal law
23 March 2001
Appellant’s constitutional right to a fair trial breached due to ineffective defence and judicial failure to intervene; retrial ordered.
Criminal law – right to a fair trial – legal representation in capital cases – duty of assigned counsel to act diligently – duty of trial judge to inquire and ensure fair hearing – confession and recent possession evidence – mistrial and retrial de novo.
22 March 2001
February 2001
Taxing officer’s Shs.350m instruction fee award was manifestly excessive; reduced to Shs.30m, total award Shs.31,959,000/=.
Costs — Taxation of instruction fees — Rule 9(2), Third Schedule — Judge’s supervisory role on reference under Rule 105 — Interference only for error of principle or manifestly excessive/inadequate awards — Irrelevance of sentimental/national importance and mere capacity to pay — Reasonableness standard for instruction fees.
2 February 2001

 

1 February 2001
January 2001
17 January 2001
Supreme Court allowed review because two convictions arose from the same transaction, risking impermissible double punishment.
Supreme Court jurisdiction under S.6(5) and Rule 37(1)(b) – scope of leave where Court of Appeal refused certificate; Penal Code s.258(1) – liability of senior public officers and strict liability; Prohibition against double punishment – Penal Code s.20 and Interpretation Decree s.39; whether two convictions arising from same facts constitute being punished twice.
16 January 2001

 

12 January 2001
Dying declaration, corroborative circumstantial evidence and flight upheld a murder conviction and death sentence.
Criminal law – murder – circumstantial evidence – dying declaration corroboration – identification by voice/audio – conduct/flight as corroboration – failure to produce weapons – evaluation and rejection of alibi.
12 January 2001