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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
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December 2011
Teddy Ssezzi Cheye v Uganda [2011] UGSC 19 (21 December 2011)
Court upheld embezzlement and forgery convictions and confirmed compensation to the aggrieved fund.
Criminal law — Embezzlement (s.268(b),(g)) — director’s access to company funds; Evidence Act s.105 — adverse inference where accused alone knows facts; Forgery (ss.342,347) and procurement (s.19(2)); Compensation to aggrieved third party (s.270)
 21 December 2011
Matumbwe v Uganda (Criminal Appeal 8 of 2008) [2011] UGSC 28 (6 December 2011)
Slight vaginal penetration proved by medical and circumstantial evidence suffices for defilement; conviction restored, sentence reduced to 15 years.
Criminal law – Sexual offences – Defilement – Proof of penetration – slightest penetration sufficient even if hymen not ruptured; medical and circumstantial evidence may suffice; appellate review of speculative inferences; mitigation of sentence from life to fixed term.
 6 December 2011
Mutumba William v Uganda (Criminal Appeal) [2011] UGSC 14 (6 December 2011)
Whether circumstantial and medical evidence of vaginal injury suffices to prove defilement despite an unruptured hymen.
Criminal law – Defilement – Slight penetration sufficient; hymen rupture not required – Weight of circumstantial and medical evidence – Non-appearance of child complainant and corroboration – Evaluation of medical evidence (inflammation/redness at vaginal entry)
 6 December 2011
Stanbic Bank Ltd v Kiyemba Mutale [2011] UGSC 18 (6 December 2011)
Wrongful dismissal entitles to damages and accrued entitlements, not speculative retrenchment/early-retirement benefits.
Employment law — wrongful/summary dismissal — remedies: payment in lieu of notice, accrued entitlements and damages — cannot award speculative retrenchment/early-retirement benefits; measure of damages; mitigation; interest on awards
 6 December 2011
Stanbic Bank Ltd v Kiyemba Mutale (Civil Appeal 2 of 2010) [2011] UGSC 32 (6 December 2011)
Wrongful summary dismissal merits payment in lieu of notice, accrued entitlements and damages; speculative terminal benefits cannot be awarded.
Employment law – Wrongful/unlawful dismissal – Specific performance generally unavailable – Measure of compensation limited to payment in lieu of notice, accrued contractual entitlements and damages; terminal/retirement benefits speculative and not recoverable where contract does not provide – Courts must avoid awards based on conjecture. Procedural note: Employment Act 2006 may affect reinstatement remedies in later cases
 6 December 2011