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

12 judgments

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12 judgments

Citation	Judgment date
March 2003
Capt. Ongom v Nyero Owota (Civil Appeal No. 14 of 2001) [2003] UGSC 56 (21 March 2003) Ex parte judgment partially set aside due to sufficient cause from advocate's gross negligence; special damages award overturned. Civil Procedure – ex parte judgment – gross professional negligence by counsel – sufficient cause under Rule 24 – special damages award set aside.	21 March 2003
Ongom v Nyero (Civil Appeal 14 of 2001) [2003] UGSC 16 (21 March 2003) Civil Procedure	21 March 2003
Tibebaga v Begumisa and 3 Others (Civil Application 18 of 2002) [2003] UGSC 51 (21 March 2003) Extension of time denied where supporting affidavits were hearsay, contradicted, and lacked deponent with direct knowledge. Extension of time – governed by Rule 4 of Supreme Court Rules – applicant must show sufficient reason; Rule 42(1) – affidavits must be sworn by persons with direct knowledge; hearsay and false affidavits fatal to application.	21 March 2003
Eric Tibebaga v Fr. Narsensio Begumisa and Ors (Civil Application 18 of 2002) [2003] UGSC 14 (20 March 2003) Criminal law	20 March 2003
Nsereko Joseph and Ors v Bank of Uganda [2003] UGSC 15 (20 March 2003) Voluntary severance below early-retirement age does not confer entitlement to pension; contractual interpretation determines rights. Employment law – pension entitlement – interpretation of employer circular – distinction between early retirement (50+ years) and voluntary termination – contractual rights and cause of action – negligent misrepresentation vs breach of contract.	20 March 2003
Aziz v Maruku (Civil Appeal 4 of 2002) [2003] UGSC 47 (11 March 2003) Res judicata must be proved with records; concurrent factual findings on land title are upheld, but costs order reversed. Land law; possession and prescription; res judicata requires proof and production of prior court records; appellate courts will not disturb concurrent findings of fact without demonstrable error; costs — appellate award cannot contradict lower court's silent costs order absent cross-appeal.	11 March 2003
Bamu Partners and Auctioneers v Attorney General (Civil Appeal 3 of 2002) [2003] UGSC 54 (11 March 2003) Appeal dismissed: appellant failed to prove attachment of shares in compliance with Order 19 r 43; costs to respondent. Civil procedure – Attachment of shares – Order 19 r 43(1)(2) CPR – mandatory service of prohibitory order on company officer and affixing at court – burden on party claiming attachment fees to prove compliance – appellate review of taxation decision – limits on bailiff awards.	11 March 2003
Nuru Kaaya v Crescent Transportation Ltd [2003] UGSC 13 (11 March 2003) Premature judgment after refusal to adjourn and without hearing the defence breached the appellant's right to a fair hearing, warranting remittal. Civil procedure — Adjournment — Judicial discretion — Refusal to grant one‑day adjournment; Fair hearing — duty to hear both parties — Article 28(1) Constitution; Procedure — entering judgment without hearing addresses; Remedies — remittal for continuation of trial where failure to hear defence causes miscarriage of justice; Appellate review — limits on re‑evaluating evidence where defence evidence absent.	11 March 2003
Bamu Partners and Auctioneers v Attorney General (Civil Appeal 3 of 2002) [2003] UGSC 1 (10 March 2003) Appellant failed to prove lawful attachment of shares under Order 19 r 43; appeal dismissed and costs awarded. Civil procedure – Attachment of shares – Order 19 r 43(1)(2) – mandatory service of prohibitory order on corporation officer and affixation at courthouse – Burden of proof on party claiming fees to show compliance – Taxation of court bailiffs’ fees – recommendation for statutory limits.	10 March 2003
Kato Abasi v Uganda [2003] UGSC 10 (4 March 2003) A tender-age victim’s reliable in-court identification, corroborated by witnesses and medical evidence, can sustain a defilement conviction. * Criminal law – Defilement – Identification evidence by a tender-aged witness – Voire dire and competency – corroboration by lay and medical evidence. * Evidence – Evaluation of alibi and alleged motive (grudge) – credibility and contradictions. * Appeal – Re-evaluation of identification findings; application of safeguards (Abudala Nabulere).	4 March 2003
Mukula John v Uganda [2003] UGSC 11 (4 March 2003) Single-witness night-time identification upheld; alibi rejected and conviction for aggravated robbery affirmed. Criminal law – Aggravated robbery – Identification by single witness – Conditions favouring correct identification (torchlight, distance, duration, prior acquaintance) – Corroboration and disappearance as supporting evidence – Alibi disproved.	4 March 2003
Wepukhulu Nyunguli v Uganda [2003] UGSC 12 (4 March 2003) Dissent: penetration in defilement charge not proved beyond reasonable doubt; conviction should be indecent assault. * Criminal law – Defilement – Requirement to prove penetration beyond reasonable doubt – Evaluation of circumstantial and medical evidence versus uncontradicted negative evidence (intact clothing, absence of pain/bleeding). * Appellate review – Duty to re-evaluate evidence in full rather than selectively. * Where essential ingredient not proved beyond reasonable doubt, conviction should be for lesser proved offence (indecent assault).	4 March 2003