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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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January 2012
Akright Projects Ltd v Executive Property Holdings Ltd & 12 Ors [2012] UGSC 4 (25 January 2012)
Applicant seeking interim stay to prevent land transfers failed to prove interest or imminent execution; application dismissed with costs.
Supreme Court – interim stay of execution – rules 6(2)(b) and 2(2) – applicant must show nexus between appeal and property, produce title/search evidence and real risk of execution – caveat as alternative – failure to discharge burden leads to dismissal.
 25 January 2012
Kyalukinda Turinawe and 4 Others v Eng. Turinawe and Another (Civil Application 27 of 2010) [2012] UGSC 18 (25 January 2012)
Extension of time granted to file appeal due to former counsel’s failure to prosecute; affidavit objection overruled, no costs.
Judicature (Supreme Court) Rules, r.5 – extension of time – sufficient cause shown by negligence of former counsel; Oaths Act – jurat and mode of swearing – preliminary objection based on conjecture overruled; inherent jurisdiction and ends of justice – extension to allow appeal on merits concerning family home; procedure – refusal to supply certified transcript where counsel present.
 25 January 2012
Molly Kyalukinda Turinawe & 4 Ors v Turinawe Ephraim & Anor [2012] UGSC 5 (25 January 2012)
Extension of time granted where former counsel’s negligence prevented timely filing; affidavit objection dismissed.
Civil procedure – extension of time under Supreme Court Rules (Rule 5) – counsel’s negligence, mistake or omission as sufficient cause – preliminary objection on affidavit jurat and Oaths Act – inherent jurisdiction to prevent abuse of process and serve the ends of justice.
 25 January 2012
Kakooza and Another v Kasaala co-operative Society Ltd (Civil Application 13 of 2011) [2012] UGSC 19 (13 January 2012)
Application for security for past and further costs dismissed for prematurity, delay, and insufficient evidence of inability to pay.
Civil procedure — Security for costs (Rule 101(3) & (4)) — Discretionary relief; factors: prospects of success, attempts at execution, evidence of inability to pay, delay — Application for past costs premature without execution — Affidavit not struck for inadvertent typographical error.
 13 January 2012
Kakooza Jonathan & Anor v Kasaala Co-perative Society Ltd [2012] UGSC 3 (13 January 2012)
Application for security for costs dismissed for delay, prematurity and failure to show inability to pay.
Civil procedure – Security for costs – Rule 101(3) Supreme Court Rules – discretionary power to order further or past security; burden on applicant to show cause. Security for past costs not a substitute for execution – must show failure of execution or inability to pay. Delay in applying for security is a material factor; applications to be sparingly exercised. Affidavit irregularities – typographical errors corrected by supplementary affidavit do not warrant rejection.
 13 January 2012