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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
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http://www.judiciary.go.ug/data/smenu/7/Supreme
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September 2004
Walakira Abas and Ors v Uganda [2004] UGSC 28 (23 September 2004)
First appellant’s aggravated robbery conviction upheld; second and third acquitted due to unsafe identification evidence.
Criminal law – Aggravated robbery – Threatened use of a deadly weapon suffices for aggravated robbery; recovery and testing of weapons may support identification. Evidence – Identification evidence – Where conviction depends solely on eyewitness ID, courts must test reliability with caution; consider factors favouring and undermining identification, including possible influence of local suspicion and failure to conduct identity parade. Criminal procedure – Mischaracterisation of a confession implicating others is a material misdirection.
 23 September 2004
Attorney General v Paul K. Ssemogerere and Anor [2004] UGSC 35 (2 September 2004)
An Act passed after the Article 271(2) deadline was void, but referral to Standing Committees and parliamentary voting method did not render it invalid; referendum not nullified.
Constitutional law – validity of parliamentary enactment – challenge to expired statute – Article 271(2) timing requirements for referendum legislation – Article 89 voting procedure – Article 90 Standing Committees – Article 69 free and fair referendum – Committee of the Whole House vs Standing Committee.
 2 September 2004
Attorney General v Paul K. Ssemogerere and Ors (Constitutional Application 2 of 2004) [2004] UGSC 3 (2 September 2004)
The court refused to admit additional evidence or review its judgment based on counsel's error and delay after the appeal's conclusion.
Constitutional procedure – Review of Supreme Court judgment – Admission of additional evidence after disposal of appeal – Requirements for adducing additional evidence – Counsel's negligence – Finality of litigation – Delay in bringing application.
 2 September 2004
Kwijuka & anor v Uganda [2004] UGSC 41 (1 September 2004)
Court upheld conviction: reliable single‑witness identification corroborated by strong circumstantial evidence; alibi rejected.
Criminal law – Identification evidence – single identifying witness – adequacy of observational conditions and preference of in‑court testimony over unproved police statement. Criminal law – Circumstantial evidence – apprehension near scene, furtive movements, wet clothes, possession of money/bags, use of stick corroborate identification. Criminal law – Alibi – requirements for acceptance and appellate deference to trial judge’s credibility findings.
 1 September 2004
Kwijuka Misaki and Anor v Attorney General [2004] UGSC 27 (1 September 2004)
Single-witness identification corroborated by circumstantial evidence upheld; alibi rejected and appeals dismissed.
Criminal law – Identification evidence by single witness – conditions for identification; Circumstantial evidence – corroboration of eyewitness identification (wet clothes, route, possession of money, stick, furtive conduct); Alibi – proof and rejection; Use of prior police statements where recording officer not called.
 1 September 2004