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Uganda decisions
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Mbusa Philimon v Attorney General (Constitutional Petition No. 18 of 2022) [2025] UGCA 241 (21 July 2025)
The Constitutional Court held that a missing trial record causing over 12 years of appellate delay violated the petitioner’s fair hearing rights, but not equality rights.
Nuwagaba Tarasisi v Uganda (Criminal Application 30 of 2025) [2025] UGHC 519 (15 July 2025)
The court held that while the applicant had filed an appeal and attached the necessary documents, he failed to demonstrate any exceptional circumstances as required by law for the grant of bail pending appeal. The offence for which the applicant was convicted involved personal violence, and there was no evidence of grave illness, infancy, advanced age, or a certificate of no objection from the Director of Public Prosecutions. The court emphasized that the considerations for bail pending appeal are stricter than those for bail pending trial, and the applicant's submissions were more suited to…
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Muhammad Musoke v Ggingo Charles Mujje (Civil Appeal No. 712 of 2024) [2025] UGCA 221 (4 July 2025)
The Court of Appeal dismissed a stay application as premature and an abuse of process because a similar stay request was still pending in the High Court.
Uwizera v Dr. Pito Jjemba (Miscellaneous Application No. 1751 of 2024) [2025] UGHCLD 98 (23 June 2025)
The High Court granted a stay of execution pending appeal in a land dispute, on condition that the applicant deposits UGX 20 million as security within 30 days.
Akaka Denis and Others v Julius Peter Nono (Miscellaneous Application No. 7 of 2025) [2025] UGHC 447 (20 June 2025)
The court found that the Applicants' delay in filing the application was not solely justified by lack of telecoms network, which was considered dubious. However, the court accepted that their counsel, who attended the judgment, failed to timely inform the Applicants, and this lack of professional diligence constituted sufficient cause for the delay. The court also considered the fundamental importance of the land dispute to the parties' livelihoods and the absence of prejudice to the Respondent, who acquiesced in a consent agreement. In the interests of substantive justice, the court exercise…
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Kaaya Musa and Others v Ojambo Sunday Steven (Miscellaneous Application 333 of 2024) [2025] UGHC 421 (18 June 2025)
The application for stay of execution was dismissed because the affidavit in support was incurably defective, having been sworn by one applicant on behalf of others without written authority as required by law. The court found no valid appeal filed under Order 50 rule 8 of the Civil Procedure Rules, and the applicants failed to demonstrate substantial loss or willingness to provide security for due performance. The mandatory requirements for grant of stay under Order 43 rule 4(3) were not satisfied. The court distinguished the requirement for leave to appeal in cases arising from orders of a…
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Centenary Rural Development Bank v Dorcas Nanjero (Civil Application No: 585 of 2024) [2025] UGCA 205 (17 June 2025)
The court found that the applicant had satisfied all the conditions for the grant of a stay of execution. The applicant properly filed a notice of appeal before obtaining leave, as permitted by Rule 76(4) of the Court of Appeal Rules. The appeal was not frivolous and raised genuine triable issues, including whether the trial court erred in awarding excessive damages for a mistake attributed to the Lands Office. The applicant demonstrated that irreparable harm would result if execution proceeded, as the decretal sum would be distributed among estate beneficiaries, making recovery difficult if…
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Kisembo v Uganda (Criminal Appeal 366 of 2020) [2025] UGCA 140 (14 May 2025)
The Court of Appeal found that the trial Judge properly evaluated the defence of alibi and that the appellant was correctly identified at the scene of the crime by witnesses who knew him well, under favourable conditions. The evidence of PW2 and PW3 was corroborated by PW1, and the possibility of mistaken identity was ruled out. The alleged land dispute was found to be a motive for the offence rather than grounds for false implication. Grounds of appeal that did not comply with procedural requirements were struck out. The sentence of life imprisonment was held to be appropriate and not manife…
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Oringa Walter v Uganda (Criminal Appeal 465 of 2023) [2025] UGCA 136 (14 May 2025)
The Court found that although the law requires trials before the High Court to be conducted with the aid of two or more assessors, the absence of one assessor due to a valid reason and without objection from the parties does not occasion a miscarriage of justice. The role of assessors is advisory and not binding on the judge, and failure to strictly adhere to the number is not fatal where the defense is represented and no objection is raised. On sentencing, the Court held that aggravated defilement is a capital offence with a maximum penalty of death, and the sentence of 16 years imposed was…
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Nakitto Eva Kasule v Painento Semalulu (Miscellaneous Application 381 of 2024) [2025] UGHC 362 (2 May 2025)
The court found that both notices of appeal filed by the Applicant were lodged well outside the statutory 14-day period prescribed by rule 76(2) of the Judicature (Court of Appeal) Directions. No application for extension of time was made to regularize the late filing. As a result, there was no competent notice of appeal before the court, and the jurisdiction to grant a stay of execution was not invoked. The Applicant's argument regarding mistake of counsel was not entertained, as it was not properly brought before the court. Consequently, the application for stay of execution was dismissed f…
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