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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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August 2011
Chowdhary v Uganda Electricity Board (Civil Appeal 27 of 2010) [2011] UGSC 16 (17 August 2011)
Applicant cannot claim rent arrears for period when property legally vested in government under expropriation laws.
Expropriation law – Assets of Departed Asians Act & Expropriated Properties Act – vesting of property in government and management by Custodian Board; Rent and arrears – statutory regime governs collection and payment during vesting period; Contract enforceability – agreements contrary to statutory scheme unenforceable; Consideration and mistake – no valid consideration where party lacked legal capacity; Equitable interest – possible only in appropriate circumstances, not established here.
 17 August 2011
Kituuma Magala & Co. Advocates v Celtel (U) Ltd [2011] UGSC 21 (17 August 2011)
A debt‑collection retainer failing s.51 Advocates Act is unenforceable; advocate cannot bypass statutory rules to claim fees.
Advocates Act (ss.48,50,51) – debt collection agreements – statutory requirements for enforceability – failure to comply renders agreement unenforceable and may amount to professional misconduct. Civil procedure – taxation of costs – taxing officer is a registrar/officer of the High Court, not a magistrate. Appeals – meaning of "appeal" under s.6(2) Judicature Act; appeals from quasi‑judicial/statutory references to High Court are not third appeals requiring certificate. Contract law – severance of illegal clause – not permitted where statute renders the whole agreement unenforceable; public policy considerations.
 17 August 2011
Goodman Agencies Ltd v Hasa Agencies (K) Ltd (Civil Reference 1 of 2011) [2011] UGSC 25 (2 August 2011)
A Rule 52 reference must avoid fresh evidence; where respondent lacks address/assets, court may order security for costs (Shs.200m).
Civil procedure – Reference from single-judge ruling – Rule 52(1)(b) procedure; inadmissibility of additional evidence without leave; Security for costs – Rule 101 and s.404 Companies Act – discretion to require security where appellant/respondent has no known address or assets; Appeal prospects and prima facie assessment; Record preparation – mandatory pagination.
 2 August 2011