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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10 judgments

Citation	Judgment date
October 2003
Haji Makubo Nakulopa v Uganda [2003] UGSC 38 (28 October 2003) The appellant's detailed confession, corroborated by circumstantial evidence, was voluntary and sufficed to uphold convictions; appeal dismissed. Criminal law – murder and aggravated robbery – admissibility of extra-judicial/confession statements – voluntariness – trial within trial required when voluntariness is in issue. Evidence – corroboration of confession – detailed confession corroborated by independent circumstantial facts. Evidence – circumstantial evidence – standard that facts must be incompatible with innocence and point irresistibly to guilt.	28 October 2003
Kabwiso Issa v Uganda (Criminal Appeal No.7 of 2002) [2003] UGSC 63 (27 October 2003) A confession to a complainant’s parent can corroborate defilement; remand credit must be clearly specified when sentencing. Criminal law – Defilement – Confession to third party (complainant’s parent) – Admissibility under Evidence Act s.25 – Corroboration; Sentencing – Remand credit – Article 23(8) Constitution – Requirement to specify remand period when imposing sentence; Appellate review and substitution of sentence.	27 October 2003
Arvind Patel v Uganda [2003] UGSC 35 (26 October 2003) A succession of magistrates may conduct a trial; a co-accused's guilty plea cannot be used to convict the applicant. Magistrates Courts Act s.142(1) – succession of magistrates in trial – "any magistrate" permits more than two magistrates; proviso permits resummoning witnesses to prevent prejudice. Criminal law – conspiracy – personal criminal responsibility; a co-accused's guilty plea is not evidence against another, though independent evidence may sustain conviction.	26 October 2003
Kabwiso Issa v Uganda [2003] UGSC 36 (26 October 2003) Oral confession to victim's father may corroborate defilement; ambiguous sentencing violating remand-crediting clause must be corrected. Criminal law – Defilement; corroboration – admissibility and corroborative value of an accused’s verbal confession to the victim’s father; Evidence Act s.25. Constitutional law – Sentencing – Article 23(8) requirement to take time in remand into account; need for clear sentencing language; guidance to courts and prison authorities.	26 October 2003
Tibihika Johnson v Uganda [2003] UGSC 37 (26 October 2003) Appellate misdirection about a medical report’s admissibility did not vitiate a conviction supported by unchallenged evidence. Criminal law – Defilement – Sufficiency of evidence – Conviction may stand on unchallenged eyewitness and complainant testimony even absent medical evidence. Evidence Act s.30 – Admissibility of medical report where examining doctor did not testify – absence of admission under s.30 and failure to show reliance by trial judge. Appeal – Appellate misdirection does not necessarily amount to miscarriage of justice if conviction is otherwise safe.	26 October 2003
B.M. Technical Services Ltd v Crescent Transporters Co.Ltd (Civil Appeal 8 of 2002) [2003] UGSC 53 (23 October 2003) Binding carriage contract entitled respondent to detention charges; 22% interest reduced to 10% per annum. Contract law – carriage and clearing contract – written Allied Request and oral terms binding; implied duty of carrier to take reasonable care; mitigation of loss – effect of claimant’s conduct; appellate interference with trial judge’s discretion on interest – appropriateness of interest rate (22% reduced to 10% in non‑commercial carriage context).	23 October 2003
B.M. Technical Services Ltd v Crescent Transporters Co. Ltd (Civil Appeal No. 8 of 2002) [2003] UGSC 58 (23 October 2003) Court enforces carriage contract and detention claims but reduces appellate interest award to 10% and grants appellant most costs. Contract law – carriage of goods – written and oral terms – implied duty of carrier to take reasonable care of goods; mitigation of loss – when a contracting party's attempts to perform preclude expectation of loss and mitigation requirement; interest on decretal sums – appellate adjustment of discretionary rates; reasonableness of high commercial interest rates in non-commercial carriage disputes.	23 October 2003
Horizon Coaches Ltd v Pan African Insurance Co. Ltd [2003] UGSC 34 (23 October 2003) Adjournment sine die then judgment heard in absence of one party was procedurally improper; counterclaim reinstated for trial. Civil procedure – ex parte judgment – adjournment sine die and subsequent reopening – need to state rule under which judgment entered; Order 15 r.4 CPR and Commercial Court Direction 7 – applicability and misapplication; grounds for setting aside judgment versus appeal; procedural fairness when only one party heard.	23 October 2003
Active Automobile Spares Ltd v Crane Bank Ltd and Anor [2003] UGSC 32 (22 October 2003) No recovery where transfer instructions were unproven and the foreign‑exchange transaction was illegal under exchange control law. Banking and evidence – appellate reappraisal of evidence; foreign exchange law – Form E and pre‑shipment inspection requirements for imports over US$10,000; illegality – Exchange Control Act and Forex Bureaux Order; pari delicto and unenforceability of illegal transactions; departure from pleadings – irregularity not fatal absent prejudice.	22 October 2003
B.M. Technical Services Ltd v Crescent Transporters Co. Ltd [2003] UGSC 33 (22 October 2003) Contract for carriage upheld; detention charges sustained; 22% interest reduced to 10% per annum and costs partly awarded. Carriage and contract law – written and oral terms forming contract – place of delivery and detention charges; mitigation of loss by carrier; implied duty of care in carriage contracts; appellate interference in interest awards — reasonableness of rate.	22 October 2003