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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

5 judgments

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5 judgments


September 2004
Walakira Abas and Ors v Uganda [2004] UGSC 28 (23 September 2004) Threatened use of guns justified aggravated robbery conviction for one appellant; identification of two others was unsafe and quashed. Criminal law — Robbery — Aggravated robbery — Threatened use of a deadly weapon suffices to constitute aggravated robbery (Penal Code s.273(2)) — Identification evidence — Reliance on eyewitness identification requires caution and proof that identification is free from reasonable possibility of mistake Criminal procedure — Arrest and identification — Influence of local suspicion and absence of identification parade can render identification evidence unsafe	23 September 2004
Attorney General v Paul K. Ssemogerere and Anor [2004] UGSC 35 (2 September 2004) Late enactment of the referendum law breached Article 271(2); omission to refer the Bill to a Standing Committee did not invalidate it. Constitutional law — Referendum legislation — Transitional timing under Article 271(2) — Late enactment renders referendum law null and void — Parliamentary procedure — Referral to Standing Committees and Committee of the Whole House — No mandatory referral requirement under Articles 79 and 90 — Referendum validity — Free and fair referendum under Article 69 — Judicial restraint where conduct/results not challenged	2 September 2004
Attorney General v Paul K. Ssemogerere and Ors (Constitutional Application 2 of 2004) [2004] UGSC 3 (2 September 2004) Court refused to reopen final constitutional appeal; additional evidence not admitted due to lack of due diligence and undue delay. Constitutional law — Re-opening final appeals — Admission of additional evidence after disposal — Exceptional circumstances required: due diligence, relevance, credibility, probative effect and no undue delay Civil procedure — Inherent jurisdiction (Rule 1(3)) — Exercise limited by established appellate principles; cannot be used to remedy lack of prior diligence	2 September 2004
Kwijuka & anor v Uganda [2004] UGSC 41 (1 September 2004) Eyewitness identification corroborated by circumstantial evidence upheld convictions; alibi rejected. Criminal law — Identification evidence — Single identifying witness — Conditions for reliable identification (lighting, proximity, duration) — Circumstantial evidence — Corroboration of eyewitness identification — Dew‑wet clothes, furtive movements, possession of money and stick — Defence of alibi — Standard for rejection where arrest circumstances and witness evidence contradict alibi	1 September 2004
Kwijuka Misaki and Anor v Attorney General [2004] UGSC 27 (1 September 2004) Single-witness identification, corroborated by circumstantial evidence, upheld aggravated robbery convictions. Criminal law — Identification — Single-witness identification — Assessment of lighting, duration and proximity to determine reliability — Circumstantial evidence — Corroboration of identification — Presence near scene, wet clothes, furtive movements and possession of stolen money — Defence — Alibi — Evaluation and rejection where arrest circumstances and eyewitness testimony contradict the alibi	1 September 2004