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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
55 judgments
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55 judgments
Citation
Judgment date
February 2003
Court varied instruction fee to Shs.60M, holding 350M manifestly excessive but 30M too low due to overlooked relevant circumstances.
Civil procedure – Taxation of costs – Instruction/brief fee – Review by judge of taxing officer’s assessment – Only in exceptional cases (manifestly excessive/manifestly inadequate or wrong principle) may a judge interfere – Rule 105 and paragraph (2) of Rule 9 (3rd Schedule) – Factors: amount involved, nature/importance/difficulty, interest of parties, other costs, conduct, fund/person to bear costs, and all other relevant circumstances – Premchand test – balancing public access against fair remuneration.
20 February 2003
Whether identification and alibi evidence supported the murder conviction; appeal dismissed and conviction affirmed.
Criminal law – identification evidence – conditions and credibility of eyewitness identification; impeachment by unproved police statements; alibi and displacement by credible identification evidence.
19 February 2003

 

19 February 2003
Admission of untested confessions without a trial-within-a-trial rendered the appellants' robbery convictions unsafe and was quashed.
* Criminal procedure – admissibility of confessions – necessity for court to ascertain voluntariness or hold a trial-within-a-trial before admitting charge and caution statements; * Evidence – reliability and corroboration – confessions recorded by same officer, language/interpretation defects and allegations of assault undermine voluntariness; * Conviction unsafe where confessions are sole evidence and there is no corroboration or recovery of stolen property.
19 February 2003
A voluntary confession may sustain conviction, but a death sentence must be set aside if the accused’s under‑18 age is not proven.
Criminal law – Confessions and retracted confessions – trial within a trial – voluntariness and truth required before acting on retracted confession; Evidence Act s.28 – use of one accused’s confession against co‑accused as corroboration; Age of accused – obligation to ascertain age under Trial on Indictment Decree/Children Act – death sentence impermissible if accused under 18 or age not proved beyond reasonable doubt; Remedy – remittal to Family and Children Court under Children Act s.104(2).
11 February 2003