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
January 2004
Paul K. Ssemogerere and Others v Attorney-General (Constitutional Appeal No.1 of 2002) [2004] UGSC 54 (29 January 2004) Strict compliance with constitutional procedures is mandatory for all amendments; non-compliance renders amendments null and void. Constitutional law – amendment of Constitution – mandatory procedures for amending the Constitution – jurisdiction of the Constitutional Court to interpret the Constitution – implied and indirect amendments ('amendment by infection') – doctrine of 'colourable legislation' – right of access to information – nullity of unconstitutional amendments – supremacy of constitutional procedure over parliamentary rules.	29 January 2004
Ssemwogerere and others v Attorney General (Constitutional Appeal 1 of 2002) [2004] UGSC 49 (29 January 2004) The Supreme Court held Act 13/2000 invalid to the extent it restricted access to parliamentary information and breached constitutional amendment procedures. Constitutional law — Amendment of Constitution — effect, purpose and consequence of amendment — amendment may be by express provision, implication or infection; Chapter Eighteen procedures mandatory for entrenched provisions — Speaker’s and Electoral Commission certificates and 14‑day spacing necessary where applicable; access to information — right under Article 41 cannot be curtailed by parliamentary leave provisions; jurisdiction — Constitutional Court may interpret one constitutional provision against another and declare inconsistency; colourable legislation — Parliament cannot indirectly amend entrenched constitutional rights without prescribed procedure.	29 January 2004
Ssemogerere and Others v Attorney General (Constitutional Appeal 1 of 2002) [2004] UGSC 10 (28 January 2004)	28 January 2004
Bholm v Car& and General Ltd (Civil Appeal 12 of 2002) [2004] UGSC 43 (16 January 2004) Court held respondent bound by and liable under the written employment contract and awarded contractual and reduced punitive damages. Employment law – validity of written appointment executed abroad but acted on locally – estoppel and agency; Immigration/work permit – employer’s obligation to obtain permit; Illegality and severance – lawful parts recoverable; Fixed‑term contract – damages for wrongful termination (remuneration for unexpired term); Probation – limits on unilateral extension; Punitive/exemplary damages in contract and assessment; Interest and costs.	16 January 2004
Bholm v Car and General Ltd (Civil Appeal No. 12 of 2002) [2004] UGSC 55 (16 January 2004) A valid employment contract existed with the Ugandan employer; wrongful termination awarded salary for unexpired term and reduced punitive damages. Employment law — existence and construction of written employment contracts; agency and ostensible authority; estoppel — employer adopting foreign-executed contract; immigration law — employer's duty to obtain work permit and effect of special pass; wrongful termination — probation limits, remedies for breach, damages and interest.	16 January 2004
Fulgensius Mungereza v PricewaterhouseCoopers Africa Central (Civil Appeal No.18 of 2002) [2004] UGSC 57 (16 January 2004) The appellant's poverty alone did not render the arbitration agreement incapable of performance; stay and arbitration referral upheld. Arbitration law – stay of court proceedings – s.41 Arbitration and Conciliation Act – meaning of 'incapable of being performed' – impecuniosity does not per se invalidate arbitration agreement; mediation clause and arbitration clause under Framework Agreement – failure to mediate is a matter for arbitration; alleged fundamental breach and repudiation to be determined by arbitral tribunal.	16 January 2004
Ahmed Ibrahim Bholm v Car and General Ltd [2004] UGSC 8 (15 January 2004) Court held a valid employment contract existed, employer liable for improper termination, reduced punitive damages and adjusted interest. Employment law – Validity of foreign appointment letters – agency and estoppel; Work permits – employer’s duty to obtain permit and effect of special pass; Probation – limits on extension under written contract; Wrongful termination – damages for fixed‑term contracts and punitive awards; Interest and costs on decretal amounts.	15 January 2004
Fulgensius Mungereza v Africa Central [2004] UGSC 9 (15 January 2004) Applicant's poverty alone does not render an arbitration agreement incapable of performance; mediation non-compliance is arbitrable. Arbitration agreements – stay of court proceedings – s.41 Arbitration and Conciliation Act – exceptions: "null and void, inoperative or incapable of being performed"; Impecuniosity/poverty – must be caused by respondent to defeat arbitration; Mediation clause – non-observance raises arbitrable issue; Fundamental breach/repudiation – disputes arising from agreement are for arbitration.	15 January 2004
Nsereko Joseph and Ors v Bank of Uganda [2004] UGSC 7 (15 January 2004) In a representative pension suit, all class members qualifying by 30 November 1994 are entitled to pensions under the 1994 scheme; Bank to pay directly. Representative action – pension entitlement – qualifying date 30 November 1994 – identification by employer records – pension calculated under scheme operative at retirement date – costs not payable by those whose pension rights survive dismissal – direct payment by employer.	15 January 2004
Byabagambi Gabriel v Uganda [2004] UGSC 5 (14 January 2004) The appellant’s self-defence succeeded; murder conviction substituted with manslaughter and a six-year sentence. Criminal law – homicide – self-defence by a householder – prior assaults and death threats – provocation – excessive force insufficient to negate self-defence – substitution of murder conviction with manslaughter – sentencing with remand credit.	14 January 2004
Mundu Tito v Uganda [2004] UGSC 6 (14 January 2004) Appellate courts upheld an aggravated robbery conviction based on credible eyewitness identification and admissible medical evidence despite delayed examination. Criminal law – Aggravated robbery – sufficiency of evidence – eyewitness identification under electric light upheld as reliable. Criminal law – Medical evidence – delayed medical examination admissible and relevant to grievous bodily harm when admitted by consent. Criminal law – Multiple accused – acquittal of co-accused does not preclude conviction where evidence implicates an individual. Criminal procedure – Alibi defence – failure to establish alibi where contradicted by credible witness testimony.	14 January 2004
Umar Sebidde v Uganda [2004] UGSC 4 (14 January 2004) Remand custody must be deducted from sentences; ambiguous sentencing language should be corrected on appeal. Criminal law – Sentencing – Remand period – Article 23(8) Constitution requires remand custody to be taken into account; courts must impose definite ascertainable sentences; ambiguous sentencing language corrected on appeal.	14 January 2004