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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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July 2003
Mohan Musisi Kiwanuka v Asha Chand (Civil Appeal 14 of 2002) [2003] UGSC 27 (16 July 2003)

 

 16 July 2003
Musisi Kiwanuka v Asha Chand (Civil Appeal 14 of 2002) [2003] UGSC 49 (16 July 2003)
Whether a ministerial repossession certificate can nullify a prior purchase certificate and oust the purchaser’s possessory rights.
Expropriated Properties Act 1982 – purchase certificate under s.8 – effect on title when entered on register; Ministerial repossession certificate – whether it revokes prior purchase certificate; power of Minister to cancel certificates; jurisdiction of High Court to determine competing title and possession claims; necessity to join Attorney‑General/Registrar when appropriate.
 16 July 2003
Christine Bitarabeho v Edward Kakonge (Civil Appeal 4 of 2000) [2003] UGSC 26 (15 July 2003)
Whether the transaction was hire or sale and the correct measure of damages in detinue; locus standi could not be raised first on appeal.
Civil procedure – amendment/supplementary record – corrected pages inserted without labelled supplementary record; whether defect cured under rules. Civil procedure – appeal – raising new mixed questions of law and fact on appeal requires leave and fresh evidence; locus standi challenge first raised on appeal not entertained. Contract v tort – construction of written agreement (Exh. P.3) held to be contract of hire, not sale. Tort – detinue – measure of damages assessed at date of judgment; include reasonable hire charges and depreciation; special damages for fixed earlier period inappropriate.
 15 July 2003