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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
Visit website
http://www.judiciary.go.ug/data/smenu/7/Supreme
5 judgments
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5 judgments
Citation
Judgment date
October 2008
F.L.Kaderbhai & Anor v Shamsherali Zaver Virji & Ors [2008] UGSC 20 (17 October 2008)
Civil Procedure
 17 October 2008
Kaderbhai v Shamsherali (Civil Application 20 of 2008) [2008] UGSC 25 (17 October 2008)
Extension of time granted where counsel's inadvertence amounted to sufficient reason; costs to respondent.
Civil procedure – Extension of time to file appeal – Rule 5 Supreme Court Rules – Whether inadvertence of counsel amounts to sufficient reason; diligence and inordinate delay; balancing justice of the case where property rights are at stake; costs and timetable for filing record and appeal memorandum.
 17 October 2008
Susan Kigula Sserembe & Anor v Uganda [2008] UGSC 15 (15 October 2008)
Child eyewitness testimony, corroborated by circumstantial evidence, upheld convictions; death sentences suspended pending constitutional review.
Criminal law – Identification by single witness (child) – Conditions favouring correct identification – Corroboration of unsworn evidence of a child under s.40(3) Trial on Indictments Act – Nature of corroboration (circumstantial and conduct) – Mandatory death sentence and suspension pending constitutional review.
 15 October 2008
Attorney General of the Republic of Uganda v Masalu Musene Wilson & Ors [2008] UGSC 13 (14 October 2008)
Whether general, non‑discriminatory income tax on judicial officers is a prohibited variation of their emoluments under Article 128(7).
Constitutional law – judicial independence – Article 128(7) – interpretation of “shall not be varied to his or her disadvantage” – scope of protection against taxation; Tax law – generally applicable, non‑discriminatory taxation of public officers – not per se unconstitutional; Public law – effect of statutory tax exemptions existing at constitution‑making and effect of implementation of court orders without a stay; Costs – public interest matters, each party to bear own costs.
 14 October 2008
Brigadier Henry Tumukunde v The attorney General & Anor [2008] UGSC 14 (13 October 2008)
A resignation given under military direction is not a voluntary constitutional resignation; the Speaker must verify voluntariness.
Constitutional law – vacation of parliamentary seat – Article 83(1)(a) – voluntariness of resignation; Parliamentary privilege – Speaker’s duty to protect members and inquire into equivocal resignations; Electoral Commission – reliance on Clerk notification of vacancy; Military discipline – jurisdiction over serving army MPs for conduct outside Parliament not barred by parliamentary privilege.
 13 October 2008