Uganda Case Law

Nashimolo Paul Kibolo v Uganda

Nashimolo Paul Kibolo v Uganda [2020] UGSC 24 (9 September 2020)

Court

Supreme Court of Uganda

Judge

Katureebe, CJ, Arach-Amoko, JSC, Mwondha, JSC, Mwangusya, JSC, Tumwesigye, JSC

The Supreme Court found that the Court of Appeal erred by failing to arithmetically deduct the period the appellant spent on remand from the sentence, as required by Article 23(8) of the Constitution and the binding precedent in Rwabugande Moses v Uganda. The Court of Appeal's reliance on earlier decisions that did not require arithmetic deduction was per incurium, given the clear departure established in Rwabugande. The Supreme Court clarified that after Rwabugande, all courts are required to make a specific arithmetic deduction of the remand period when sentencing. The Court invoked its pow…

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• Sentencing Principles
• Remand Period Deduction
• Murder
• Appeal Jurisdiction
• Precedent And Stare Decisis

Uganda Electricity Board v Charles Kabagambe

Uganda Electricity Board v Charles Kabagambe (Civil Appeal No. 58 2000) [2000] UGCA 55 (14 March 2000)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 58 2000

Judge

Okello, JA, Mpagi-Bahigeine, JA, Kitumba, JA

The Court held that the requirement to include a formally extracted order in the record of appeal is obsolete under the current Court of Appeal Rules. The relevant rule mandates inclusion of the judgment or reasoned order, not a formal decree, unless the appeal specifically contests the date or terms of the decree. The extraction of a formal decree is contrary to the constitutional principle of substantive justice, which discourages undue technicalities. Furthermore, the respondent failed to utilize Rule 81 to challenge the competence of the appeal in a timely manner and was therefore barred…

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• Appeal Jurisdiction
• Record Of Appeal Requirements
• Formal Decree Extraction
• Court Of Appeal Practice

Kiwege and Mgude Sisal Estates Ltd v Manilal Ambalal Nathwani

Kiwege and Mgude Sisal Estates Ltd v Manilal Ambalal Nathwani (Civil Appeal No. 69 of 1952) [1952] EACA 160 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 69 of 1952

Judges

Nihill P, Worley VP

The Court of Appeal dismissed a civil appeal because no decree had been drawn up, so it lacked jurisdiction. It also rejected a challenge to the validity of the Tanganyika appeals ordinance.

• Appeal Jurisdiction
• Decree Requirement
• Preliminary Objection
• Civil-procedure
• Appellate-jurisdiction
• Decrees

Rex v Aslam

Rex v Aslam (Criminal Appeal No. 196 of 1940) [1941] EACA 31 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 196 of 1940

Judge

Sheridan, (C.J. Kenya), Webb CJ, Whitley CJ

The Court of Appeal for Eastern Africa dismissed a criminal second appeal challenging sentence enhancement, holding that severity of sentence was not appealable under section 346.

• Sentence Enhancement
• Appeal Jurisdiction
• Severity Of Sentence
• Assault On Police Officer
• Sentence-enhancement
• Criminal-appeals